The move is most controversial for numerous reasons.
Below are the statements by the President, his attorney general Jeff Sessions, and a written response by former President Barack Obama. Also below is a statement from an organization that opposes the president’s decision.
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
September 5, 2017
Statement from President Donald J. Trump
As President, my highest duty is to defend the American people and the Constitution of the United States of America. At the same time, I do not favor punishing children, most of whom are now adults, for the actions of their parents. But we must also recognize that we are nation of opportunity because we are a nation of laws.
The legislative branch, not the executive branch, writes these laws – this is the bedrock of our Constitutional system, which I took a solemn oath to preserve, protect, and defend.
In June of 2012, President Obama bypassed Congress to give work permits, social security numbers, and federal benefits to approximately 800,000 illegal immigrants currently between the ages of 15 and 36. The typical recipients of this executive amnesty, known as DACA, are in their twenties. Legislation offering these same benefits had been introduced in Congress on numerous occasions and rejected each time.
In referencing the idea of creating new immigration rules unilaterally, President Obama admitted that “I can’t just do these things by myself” – and yet that is exactly what he did, making an end-run around Congress and violating the core tenets that sustain our Republic.
Officials from 10 States are suing over the program, requiring my Administration to make a decision regarding its legality. The Attorney General of the United States, the Attorneys General of many states, and virtually all other top legal experts have advised that the program is unlawful and unconstitutional and cannot be successfully defended in court.
There can be no path to principled immigration reform if the executive branch is able to rewrite or nullify federal laws at will.
The temporary implementation of DACA by the Obama Administration, after Congress repeatedly rejected this amnesty-first approach, also helped spur a humanitarian crisis – the massive surge of unaccompanied minors from Central America including, in some cases, young people who would become members of violent gangs throughout our country, such as MS-13.
Only by the reliable enforcement of immigration law can we produce safe communities, a robust middle class, and economic fairness for all Americans.
Therefore, in the best interests of our country, and in keeping with the obligations of my office, the Department of Homeland Security will begin an orderly transition and wind-down of DACA, one that provides minimum disruption. While new applications for work permits will not be accepted, all existing work permits will be honored until their date of expiration up to two full years from today. Furthermore, applications already in the pipeline will be processed, as will renewal applications for those facing near-term expiration. This is a gradual process, not a sudden phase out. Permits will not begin to expire for another six months, and will remain active for up to 24 months. Thus, in effect, I am not going to just cut DACA off, but rather provide a window of opportunity for Congress to finally act.
Our enforcement priorities remain unchanged. We are focused on criminals, security threats, recent border-crossers, visa overstays, and repeat violators. I have advised the Department of Homeland Security that DACA recipients are not enforcement priorities unless they are criminals, are involved in criminal activity, or are members of a gang.
The decades-long failure of Washington, D.C. to enforce federal immigration law has had both predictable and tragic consequences: lower wages and higher unemployment for American workers, substantial burdens on local schools and hospitals, the illicit entry of dangerous drugs and criminal cartels, and many billions of dollars a year in costs paid for by U.S. taxpayers. Yet few in Washington expressed any compassion for the millions of Americans victimized by this unfair system. Before we ask what is fair to illegal immigrants, we must also ask what is fair to American families, students, taxpayers, and jobseekers.
Congress now has the opportunity to advance responsible immigration reform that puts American jobs and American security first. We are facing the symptom of a larger problem, illegal immigration, along with the many other chronic immigration problems Washington has left unsolved. We must reform our green card system, which now favors low-skilled immigration and puts immense strain on U.S. taxpayers. We must base future immigration on merit – we want those coming into the country to be able to support themselves financially, to contribute to our economy, and to love our country and the values it stands for. Under a merit-based system, citizens will enjoy higher employment, rising wages, and a stronger middle class. Senators Tom Cotton and David Perdue have introduced the RAISE Act, which would establish this merit-based system and produce lasting gains for the American People.
I look forward to working with Republicans and Democrats in Congress to finally address all of these issues in a manner that puts the hardworking citizens of our country first.
As I’ve said before, we will resolve the DACA issue with heart and compassion – but through the lawful Democratic process – while at the same time ensuring that any immigration reform we adopt provides enduring benefits for the American citizens we were elected to serve. We must also have heart and compassion for unemployed, struggling, and forgotten Americans.
Above all else, we must remember that young Americans have dreams too. Being in government means setting priorities. Our first and highest priority in advancing immigration reform must be to improve jobs, wages and security for American workers and their families.
It is now time for Congress to act!
DACA: Trump, Sessions statements, Obama replies, America's Voice speaks
STATEMENT BY AG JEFF SESSIONS
Good morning. I am here today to announce that the program known as DACA that was effectuated under the Obama Administration is being rescinded.
The DACA program was implemented in 2012 and essentially provided a legal status for recipients for a renewable two-year term, work authorization and other benefits, including participation in the social security program, to 800,000 mostly-adult illegal aliens.
This policy was implemented unilaterally to great controversy and legal concern after Congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens.
In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.
The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.
We inherited from our Founders—and have advanced—an unsurpassed legal heritage, which is the foundation of our freedom, safety, and prosperity.
As the Attorney General, it is my duty to ensure that the laws of the United States are enforced and that the Constitutional order is upheld.
No greater good can be done for the overall health and well-being of our Republic, than preserving and strengthening the impartial rule of law. Societies where the rule of law is treasured are societies that tend to flourish and succeed.
Societies where the rule of law is subject to political whims and personal biases tend to become societies afflicted by corruption, poverty, and human suffering.
To have a lawful system of immigration that serves the national interest, we cannot admit everyone who would like to come here. That is an open border policy and the American people have rightly rejected it.
Therefore, the nation must set and enforce a limit on how many immigrants we admit each year and that means all can not be accepted.
This does not mean they are bad people or that our nation disrespects or demeans them in any way. It means we are properly enforcing our laws as Congress has passed them.
It is with these principles and duties in mind, and in light of imminent litigation, that we reviewed the Obama Administration’s DACA policy.
Our collective wisdom is that the policy is vulnerable to the same legal and constitutional challenges that the courts recognized with respect to the DAPA program, which was enjoined on a nationwide basis in a decision affirmed by the Fifth Circuit.
The Fifth Circuit specifically concluded that DACA had not been implemented in a fashion that allowed sufficient discretion, and that DAPA was “foreclosed by Congress’s careful plan.”
In other words, it was inconsistent with the Constitution’s separation of powers. That decision was affirmed by the Supreme Court by an equally divided vote.
If we were to keep the Obama Administration’s executive amnesty policy, the likeliest outcome is that it would be enjoined just as was DAPA. The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program.
Acting Secretary Duke has chosen, appropriately, to initiate a wind down process. This will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.
Simply put, if we are to further our goal of strengthening the constitutional order and the rule of law in America, the Department of Justice cannot defend this type of overreach.
George Washington University Law School Professor Jonathan Turley in testimony before the House Judiciary Committee was clear about the enormous constitutional infirmities raised by these policies.
He said: “In ordering this blanket exception, President Obama was nullifying part of a law that he simply disagreed with.….If a president can claim sweeping discretion to suspend key federal laws, the entire legislative process becomes little more than a pretense…The circumvention of the legislative process not only undermines the authority of this branch but destabilizes the tripartite system as a whole.”
Ending the previous Administration’s disrespect for the legislative process is an important first step. All immigration policies should serve the interests of the people of the United States—lawful immigrant and native born alike.
Congress should carefully and thoughtfully pursue the types of reforms that are right for the American people. Our nation is comprised of good and decent people who want their government’s leaders to fulfill their promises and advance an immigration policy that serves the national interest.
We are a people of compassion and we are a people of law. But there is nothing compassionate about the failure to enforce immigration laws.
Enforcing the law saves lives, protects communities and taxpayers, and prevents human suffering. Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism.
The compassionate thing is to end the lawlessness, enforce our laws, and, if Congress chooses to make changes to those laws, to do so through the process set forth by our Founders in a way that advances the interest of the nation.
That is what the President has promised to do and has delivered to the American people.
Under President Trump’s leadership, this administration has made great progress in the last few months toward establishing a lawful and constitutional immigration system. This makes us safer and more secure.
It will further economically the lives of millions who are struggling. And it will enable our country to more effectively teach new immigrants about our system of government and assimilate them to the cultural understandings that support it.
The substantial progress in reducing illegal immigration at our border seen in recent months is almost entirely the product of the leadership of President Trump and his inspired federal immigration officers. But the problem is not solved. And without more action, we could see illegality rise again rather than be eliminated.
As a candidate, and now in office, President Trump has offered specific ideas and legislative solutions that will protect American workers, increase wages and salaries, defend our national security, ensure the public safety, and increase the general well-being of the American people.
He has worked closely with many members of Congress, including in the introduction of the RAISE Act, which would produce enormous benefits for our country. This is how our democratic process works.
There are many powerful interest groups in this country and every one of them has a constitutional right to advocate their views and represent whomever they choose.
But the Department of Justice does not represent any narrow interest or any subset of the American people. We represent all of the American people and protect the integrity of our Constitution. That is our charge.
We at Department of Justice are proud and honored to work to advance this vision for America and to do our best each day to ensure the safety and security of the American people.
STATEMENT FROM PRESIDENT OBAMA
Immigration can be a controversial topic. We all want safe, secure borders and a dynamic economy, and people of goodwill can have legitimate disagreements about how to fix our immigration system so that everybody plays by the rules.
But that's not what the action that the White House took today is about. This is about young people who grew up in America – kids who study in our schools, young adults who are starting careers, patriots who pledge allegiance to our flag. These Dreamers are Americans in their hearts, in their minds, in every single way but one: on paper. They were brought to this country by their parents, sometimes even as infants. They may not know a country besides ours. They may not even know a language besides English. They often have no idea they're undocumented until they apply for a job, or college, or a driver's license.
Over the years, politicians of both parties have worked together to write legislation that would have told these young people – our young people – that if your parents brought you here as a child, if you've been here a certain number of years, and if you're willing to go to college or serve in our military, then you'll get a chance to stay and earn your citizenship. And for years while I was President, I asked Congress to send me such a bill.
That bill never came. And because it made no sense to expel talented, driven, patriotic young people from the only country they know solely because of the actions of their parents, my administration acted to lift the shadow of deportation from these young people, so that they could continue to contribute to our communities and our country. We did so based on the well-established legal principle of prosecutorial discretion, deployed by Democratic and Republican presidents alike, because our immigration enforcement agencies have limited resources, and it makes sense to focus those resources on those who come illegally to this country to do us harm. Deportations of criminals went up. Some 800,000 young people stepped forward, met rigorous requirements, and went through background checks. And America grew stronger as a result.
But today, that shadow has been cast over some of our best and brightest young people once again. To target these young people is wrong – because they have done nothing wrong. It is self-defeating – because they want to start new businesses, staff our labs, serve in our military, and otherwise contribute to the country we love. And it is cruel. What if our kid's science teacher, or our friendly neighbor turns out to be a Dreamer? Where are we supposed to send her? To a country she doesn't know or remember, with a language she may not even speak?
Let's be clear: the action taken today isn't required legally. It's a political decision, and a moral question. Whatever concerns or complaints Americans may have about immigration in general, we shouldn't threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us. They are that pitcher on our kid's softball team, that first responder who helps out his community after a disaster, that cadet in ROTC who wants nothing more than to wear the uniform of the country that gave him a chance. Kicking them out won't lower the unemployment rate, or lighten anyone's taxes, or raise anybody's wages.
It is precisely because this action is contrary to our spirit, and to common sense, that business leaders, faith leaders, economists, and Americans of all political stripes called on the administration not to do what it did today. And now that the White House has shifted its responsibility for these young people to Congress, it's up to Members of Congress to protect these young people and our future. I'm heartened by those who've suggested that they should. And I join my voice with the majority of Americans who hope they step up and do it with a sense of moral urgency that matches the urgency these young people feel.
Ultimately, this is about basic decency. This is about whether we are a people who kick hopeful young strivers out of America, or whether we treat them the way we'd want our own kids to be treated. It's about who we are as a people – and who we want to be.
What makes us American is not a question of what we look like, or where our names come from, or the way we pray. What makes us American is our fidelity to a set of ideals – that all of us are created equal; that all of us deserve the chance to make of our lives what we will; that all of us share an obligation to stand up, speak out, and secure our most cherished values for the next generation. That's how America has traveled this far. That's how, if we keep at it, we will ultimately reach that more perfect union.
Washington, DC – On a press call today, DACA-recipients, legal experts, and advocates provide immediate reaction to Trump’s cowardly, ill-advised, and reckless decision to terminate the DACA program and urged Congress to pass a clean Dream act to protect the undocumented youth. A recording of today’s event is available here.
Marielena Hincapié, Executive Director, National Immigration Law Center, said, “Today is a defining moment for our country and a defining moment for this presidency. President Trump's decision to terminate the DACA program effective today is nothing short of hypocrisy, cruelty, and cowardice. After telling Dreamers that he had a ‘great heart’ for them and that they could ‘rest easy,’ he hypocritically has decided to terminate the DACA program and leave the fate of the nearly 800,000 young immigrants and their families in the hands of a dysfunctional Congress. We all must act and call on Congress to swiftly enact a bipartisan solution and enact the bipartisan Dream Act. To the 800,000 young people with DACA, we thank you for your leadership and courage, and stand with you and behind you. We at the National Immigration Law Center are committed to fighting in courts and in the Halls of Congress to protect and empower you.”
Tom Jawetz, Vice President of Immigration Policy at the Center for American Progress Action Fund, said, “Today’s announcement to end DACA set a 6-month time bomb for hundreds of thousands of lives. The American people are sick and tired of their government being motivated to action only when faced with a crisis. We get enough of that from the periodic threats to shut down the government and refusal to raise the debt limit. We don’t need the Trump administration to manufacture new crises designed to terrorize immigrant communities. Congress must act now to take up a clean Dream Act and limit the harm that has already been done as a result of this announcement.”
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Cristina Jimenez, Executive Director, United We Dream, said, “We are outraged by Trump’s decision to end DACA. With this move, Trump is fulfilling a sick white supremacist scheme developed by Attorney General Jeff Sessions to terrorize immigrant youth and families. Trump’s plan today is cruel. Only a serial abuser would rationalize delayed violence as acting with a “big heart.” Ending DACA means mass deportation – period. DACA should remain in place until Congress passes legislation to protect immigrant youth without any racist gimmicks! We reject the idea that immigrants must endure more pain so that any group of immigrants can get some relief. Make no mistake - we will not be pushed into the shadows by these racist politicians. This is our home and we are here to stay.”
Andy Pincus, Partner, Mayer Brown, said, “The contention that DACA is unlawful is simply wrong. DACA rests on long-established executive branch authority – both to defer removal and to grant work authorization – that has been invoked by prior Administrations, Republican and Democratic, for over 50 years. The DAPA case cited by the Attorney General involved a different program and turned on different factual and legal issues. Those differences confirm DACA’s legality. Finally, many Administrations, including this one, have taken executive action in the face of Congress’s decision not to act, and courts routinely reject the argument that Congress’s inaction precludes executive action.” Read more from Pincus here.
Maria Praeli, DACA recipient, FWD.us Policy Associate, said, “Today, during an announcement that I may be deported back to a country that I haven’t seen in 20 years, the Attorney General of the United States criminalized me, vilified my community, and talked about us as if we don’t matter and if this isn’t our home. This Administration cannot keep toying with my life and the lives of 800,000 others. We need a clean, bipartisan Dream Act immediately – my life and the lives of hundreds of thousands of others depends on it.”
Lorella Praeli, Director of Immigration Policy and Campaigns, American Civil Liberties Union, said, “President Trump’s cruel and heartless decision to end DACA is a manufactured crisis in reaction to an artificial deadline. So, we are not sitting here thanking him for acting with his so-called good heart, but, rather, we are reminding him and the rest of the Republican party that they created this problem. It is on them to step up and ensure that no one has a gap in their time period between a work permit and a legislative solution that creates a pathway to citizenship for Dreamers across country. We need a clean, bipartisan Dream Act, immediately. Today is a cruel day for people like Maria, my sister, and for families across the country. But, we will not despair. We will continue to move forward with the courage and the resilience that our parents taught us. We will fight for all DACA-recipients and our community across the country. To Cristina, Maria, and the other Dreamers: we’ve got your back. America is our country. It is our home, and we’re not going anywhere.”