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What happens to DACA on September 5? ILCM and Navigate answer.
Posted on Jul 27 2017
What’s going to happen on September 5? That question was on many minds on the sunny Saturday morning in El Colegio’s cafeteria, one of many questions at the Navigate/Immigrant Law Center of Minnesota policy/legal update. September 5 is the deadline set by the Texas attorney general’s letter to President Trump. The letter, signed by ten state attorneys general, threatens legal action to overturn DACA unless the president agrees to phase out the program.
The September 5 date is a threat, not a legal deadline, ILCM director John Keller said on July 22. This is a political moment. No one knows exactly what will happen.
On July 21, 20 state attorneys general, including Minnesota Attorney General Lori Swanson, responded to the threat. They wrote to Trump to defend DACA. That’s twice as many state attorneys general defending DACA as those who signed on to the Texas attorney general’s letter attacking DACA.
There could be several scenarios ahead for DACA, Keller explained. Despite the Texas threat to file suit on September 5 to end DACA, the possibilities remain the same as those talked about since the election:
- The president could defend and protect DACA and it could continue as it has – he could order the U.S. Attorney General to defend DACA against lawsuits or he could pressure the 10 Republican state attorneys general to stop their lawsuit.
- The president could modify DACA and say that only those who have applied prior to a certain date could receive DACA and continue to renew work permits, but that no new applications would be granted.
- The president could say that no new applications would be accepted, and that people who have DACA can use their work permits only until they expire and not renew them.
- The president could shut down on DACA on a specific date and cancel work permits as of that date.
In the worst case scenario, asked one person, what should a person with DACA do?
“If you have not had a comprehensive consultation with an immigration attorney in the past year, do that,” Keller said. “Consult an immigration attorney to see if there is any additional protection that might be available to you. Do that even if you have worked with an attorney on your DACA. It’s still worth a legal update or a legal check-up to see if there is any new scenario that would be helpful.”
Keller began the July 22 policy/legal update with thanks for the work that Navigate-MN does in the community. While ILCM represents immigrants in courts and immigration proceedings, he said that its work is political as well, focusing on advocacy for immigrants and refugees in the state and national political arenas along with Navigate and other organizations.
The Saturday morning meeting, which focused specifically Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS), was part of ILCM’s third focus: education. ILCM’s education work includes Know Your Rights workshops for immigrants and refugees, community education about legal and political immigration issues, and education of the larger community about immigrants and refugees.
On July 22, Navigate organizers emphasized the need for political organizing and building political will to defend immigrants and refugees.
“We didn’t get DACA because of the goodness of Obama’s heart, but because of organizing and building power in the community,” an organizer said. She emphasized that, while defending DACA is crucial, people also need to defend the future of the larger immigrant community.