I spoke with various media outlets in the wake of Tuesday’s news that the Trump administration would phase out the Deferred Action for Childhood Arrivals (DACA) program. The program, introduced under Obama, was a stop-gap way to prioritize who would be put into deportation proceedings while Congress took up the issue of immigration reform. This left Dreamers with a sort of quasi-legal status, vulnerable to a subsequent presidential policy reversal. It also leaves Dreamers who mount legal challenges to Trump — based on commitments made on the assumption that DACA would continue — subject to a judge’s finding they should have known it could be easily undone.

This past August, I and another 100 law professors signed a letter supporting the legality of Obama’s decision to enact DACA. In an interview with Mother Jones on September 5, I stated that the program’s creation was lawful and a proper exercise of prosecutorial discretion. “Nobody has the money or number of officers to be able to round up and deport 11 million unauthorized immigrants in the United States, so every president has to prioritize which ones they want to target. President Obama used that same prosecutorial discretion that other presidents had used before him to decide that the people we call Dreamers, as long as they have not committed any crimes, were really low-priority for deportation, and therefore he decided to defer their deportation for two years and along with that give them the opportunity to get work permits.”

In another interview with CNN, I explained that a court might rule that President Trump had a legal basis to terminate the program unilaterally because President Obama created the DACA program unilaterally through an executive action. However, given the current state of politics, it’s going to be hard to see how DACA can fit into the very busy legislative schedule to get done in the next six months.

The full list of articles I was interviewed for is here:

  • Bloomberg: https://www.bloomberg.com/news/articles/2017-09-05/promised-suits-to-protect-dreamers-program-face-uphill-battle
  • CNN: http://www.cnn.com/2017/09/05/politics/daca-legal-fight/index.html
  • Reuters: https://www.reuters.com/article/us-usa-immigration-states/u-s-states-immigrant-groups-to-fight-trumps-dreamer-decision-idUSKCN1BG38T
  • Daily Mail UK: http://www.dailymail.co.uk/wires/afp/article-4855786/What-happens-Dreamers-Trump-revokes-residence-rights.html
  • Agence France Presse: http://www.news18.com/news/world/what-happens-to-dreamers-after-trump-revokes-their-residence-rights-1511147.html
  • CBC Canada: http://www.cbc.ca/news/world/daca-dreamers-trump-congress-fix-1.4276438
  • Mother Jones: http://www.motherjones.com/politics/2017/09/the-legal-case-for-daca/
  • 7 by 7 (Belgium): http://www.7sur7.be/7s7/fr/1505/Monde/article/detail/3251990/2017/09/05/Quelles-consequences-pour-les-sans-papiers-apres-la-decision-de-Trump.dhtml
  • Vice: https://www.vice.com/en_us/article/9kk48p/desperate-dreamers-have-a-few-small-slivers-of-hope
  • United Daily News Taiwan: https://money.udn.com/money/story/5641/2685727
  • Central News Agency Taiwan: http://www.cna.com.tw/news/firstnews/201709060112-1.aspx
  • 14850.com: http://www.14850.com/09054654-ithaca-cornell-daca/

Featured image from LA TImes: http://www.trbimg.com/img-59aeb857/turbine/la-na-pol-trump-daca-20170904