DACA – What is going on with it in August 2019?
In this video, immigration attorney, Andres Mejer talks about DACA. DACA does not give a person a legal status. What it does is say that all action about that person’s legal status will be deferred. Because Congress failed to pass any laws about people covered by DACA, President Obama passed DACA by executive order in 2012. President Trump has been trying to get rid of it since he came into office. Because it was put into place by Executive Order, it is possible for Trump to end it.
Andres Mejer What’s going on? So first a little history lesson. What is DACA?
Andres Mejer DACA is protection from deportation. It gives you work authorization if you meet certain qualifications. Obama announced it in 2012. So some seven years ago. Trump in September 2017 said you know what I’m going to eliminate. And he signed an order saying it’s gone and multiple courts have said oh hold on a second. I don’t agree with you. Now very important. No court has said that I’m aware of that Trump doesn’t have the ability to eliminate DACA. He does what a president giveth another president can take it away. So there’s no question that the president any president has that right. The issue is how did they go about doing it? By making all of his comments and his tweets, made it seem like it might have been discriminatory. It’s about the process. You need to follow the process. Anybody who’s had my firm defend you in a criminal charge knows about the process because that’s how we win most cases. It isn’t often whether you ran that red light or not. It is it whether you were speeding or not or whether you were driving drunk. Yes, that is the state’s burden but the state needs to prove it, according to the law. In the Trump context, in the DACA context, Trump needed to publish a rule in the Code of Federal Regulations. So he knew to first say hey we’re looking to change DACA. Give us your comment, get a comment, then revise it and provide a final rule, which will be implemented at some time. None of that happened. He just said. This is gonna be heard by the Supreme Court. There’s going to be oral arguments in November. What happened last week? Lawyers for the Department of Justice that represent the White House and this administration said that DACA is at best legally questionable and at worst is illegal. That was their position. They eliminated it because they didn’t have any faith in its legality. Now there’s a number of court opinions, opinions that have said DACA is legal. Important note when Obama wanted to expand DACA and Judge Andrew Haven, in Texas, stopped it. How did he stop it? Because Obama didn’t follow the process. It’s the same arguments that others have made against Trump. So what’s going to happen? We don’t know. We will have to see whether what the Supreme Court will say. Are they going to protect DACA? Or are they not? We’re going to hear an oral argument in November. We will likely get a decision before June 2020, so it will be an election issue no matter what the outcome is. Now very important. If you have DACA don’t get, if you’re charged with a crime you need to consult with an immigration attorney. Period end of the story.
Andres Mejer I have a client I’m meeting with tomorrow made an appointment with me and he said listen I had DACA but I got pulled over I was drunk I went I told the judge I was drunk he convicted me of DUI and then I was denied my DACA. What do I do?
Andres Mejer Well only thing to do in that scenario is going and look at did you have a way to beat your DUI because it’s a bright-line rule you’re convicted of DUI you’re automatically barred from DACA. Same thing if you have a domestic violence charge or drug possession, automatic denial of DACA. You can’t have that on your record. We need to look at post-conviction relief to reopen it. A first conviction is typically less of less than a year from three months to 12 months. It doesn’t matter to immigration. Conviction is a conviction period. So the gentleman, who I’m meeting with tomorrow, we’re going to be looking at his options for post-conviction relief. He already, his appeal period has lapsed. So we’re going to look, is there a fundamental constitutional issue in the way that his case was prosecuted? Is there an avenue to reopen it? My name is on this method. I’m an immigration attorney author and speaker and I’m an immigrant. If there’s something you want us to talk about in the future indicated below I’m happy to do it. Parole in place and the whole consulate process all came out of your questions and comments. I welcome them. Thank you very much. Until next week.