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Trump Comes Under Fire From Base for Continuing DACA. A Good Argument to Support His Muslim Ban in the S. Ct.? Roger Algase

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In marked contrast to his hard line policies toward most other aspects of immigration, Trump is continuing to approve new DACA applications and renewals of expiring DACA permits at about the same pace as the Obama administration.

The right-wing Washington Times newspaper reports that the Trump administration has angered immigration opponents in his voter base by approving more than 17,000 new DACA "amnesties" and more than 100,000 DACA renewal applications during the first three months of 2017. (These figures would also include the first three weeks of January when President Obama was still in office.)

The same paper also reports that DHS Secretary John Kelly is asking Congress to take action to make the DACA program more permanent.

http://www.washingtontimes.com/news/...conservative-/

According to the same report, the president is coming under attack from some of his own supporters for not following through on his campaign promise to cancel DACA on his first day in office. They are arguing that, at the very least, he should "freeze" the program by refusing to grant any new DACA applications or to approve extensions pf DACA permits which are expiring.

From an immigration advocate's perspective, however, the president should be commended for breaking this particular campaign promise. This might also be at least some reason for hope that it will lead to his breaking many other anti-immigrant campaign promises in the future.

To the best of my knowledge, the president's lawyers have not yet used the DACA approvals as an argument in support of their contention in various federal courts to the effect that Trump's campaign statements should not be considered as evidence of his intention in signing the Muslim ban executive orders, the latest version of which is now before the US Supreme Court.

While I do not normally offer legal advice to Donald Trump (and have not yet received any requests from him for such advice, so far as i am aware) the president's apparent reversal on DACA (so far) might be one of the best arguments that could be made to support his contention that the Supreme Court should disregard his long record of anti-Muslim campaign statements in ruling on the legality of his six Muslim country entry ban executive order.

One might also hope that many other of Trump's immigration campaign promises will end up in the dustbin of US immigration history. This remains to be seen.
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Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants receive work visas and green cards.

Roger's main practice areas include H-1B specialty occupation and O-1 extraordinary ability work visas; and green cards through labor certification and opposite sex or same sex marriage. Roger's email address is algaselex@gmail.com

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Updated 06-13-2017 at 02:28 PM by ImmigrationLawBlogs

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Comments

  1. ImmigrationLawBlogs's Avatar
    Roger, has it occurred to you that Trump might not be the monster you keep saying he is?

    Nolan Rappaport
  2. ImmigrationLawBlogs's Avatar
    When Trump does something constructive on immigration, i.e., deviates from the hard line "deport 'em all", "exclude 'em 'all" policies that he promoted as a candidate and is still following in his executive orders, and instead does something based on reason and humanity for immigrants, as is the case with DACA, I am among the first to give him credit for it.

    I will give him even more credit when I see Nolan writing a column about how Trump is "destroying America" by "throwing our borders open" to "uncontrolled immigration."

    I haven't seen such a column by Nolan yet. I am waiting.

    Roger Algase
    Attorney at Law

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