DHS’s Kelly tells Hispanic caucus DACA might not survive court challenge

Michael Robinson Chavez/The Washington Post)

Michael Robinson Chavez/The Washington Post)

Originally published by Washington Post
Homeland Security Secretary John F. Kelly told the Congressional Hispanic Caucus in a closed-door meeting Wednesday that an initiative that grants work permits to more than 800,000 undocumented immigrants may not survive a looming legal challenge.

Kelly declined to take questions after the meeting, but his spokesman said the secretary told the members that the Obama-era program, which shields immigrants brought to the United States as children, is at risk.

“This is what he’s being told by different attorneys, that if it goes to court it might not survive,” DHS spokesman David Lapan said. If Congress does not pass a bill to protect the program, he added, “they’re leaving it in the hands of the courts to make a decision.”

Kelly’s meeting with the caucus came nearly two weeks after officials from Texas and 10 other states warned Attorney General Jeff Sessions that they would sue the federal government if it does not rescind Obama’s Deferred Action for Childhood Arrivals program by Sept. 5.

The officials also want Homeland Security to gradually “phase out” the program by refusing to renew the two-year permits or issue new ones.

Members of the Hispanic caucus said they urged Kelly to support bipartisan legislation known as the Bridge Act that would effectively preserve the DACA program. But they expressed skepticism that the Republican-controlled Congress would pass any law to spare undocumented immigrants from deportation — or that the Trump administration would defend DACA in court.

“Jeff Sessions is going to say, ‘Deport them,’ ” a visibly shaken Rep. Luis V. Gutiérrez (D-Ill.) said in English and Spanish, noting that the attorney general had been a fierce opponent of illegal immigration as a senator from Alabama. “If you’re going to count on Jeff Sessions to save DACA, then DACA is ended.”

As a candidate, President Trump promised to revoke DACA, which was created in 2012, along with a 2014 executive order that also sought to shield undocumented immigrants from deportation.

Obama signed the orders after failing to persuade the House to pass an immigration bill that would create a path to citizenship for the country’s estimated 11 million undocumented immigrants.

DACA flourished, but the 2014 order, which would have expanded DACA and protected the parents of U.S. citizens and legal residents from deportation, was blocked by a lawsuit filed by Texas and other states.

Last month, Kelly officially rescinded the 2014 order, saying the administration saw no legal path to implementing it. But he left DACA untouched, and his agency has continued to renew work permits and issue new ones through the program, angering Trump’s base.

Texas and the other plaintiffs have said they would drop the lawsuit against the 2014 program if the government rescinds DACA; otherwise, they will amend the lawsuit to target the existing program as well.

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