Ahead of what is expected to be an announcement this morning by the Trump administration that they'll be repealing the Deferred Action for Childhood Arrivals (DACA) program, Governor Andrew Cuomo and Attorney General Eric Schneiderman promised a lawsuit to protect New York State's "dreamers."
It is widely believed that President Trump has decided to end DACA, which gives temporary work permits to certain undocumented immigrants who were brought to the United States as children, and will have Attorney General Jeff Sessions officially announce the administration's plan on Tuesday at 11 a.m. According to Politico, even after ending the program, the Trump administration plans to put off enforcing the decision for six months.
New York State's governor and attorney general sent a joint statement yesterday afternoon, promising to fight any attempt to deport the state's Dreamers.
"If [President Trump] moves forward with this cruel action, New York State will sue to protect the 'dreamers' and the state's sovereign interest in the fair and equal application of the law," Cuomo said. "Ending this policy represents an assault on the values that built this state and this nation."
New York State has approximately 42,000 dreamers, according to the governor.
"President Trump's decision to end the DACA program would be cruel, gratuitous, and devastating to tens of thousands of New Yorkers—and I will sue to protect them," Schneiderman said in the statement. "Dreamers are Americans in every way. They played by the rules. They pay their taxes. And they've earned the right to stay in the only home they have ever known."
Trump first ran on repealing DACA, but then previously said he would show "great heart" when making the decision about whether to keep the program, which was created via executive order by President Barack Obama in 2012. As recently as June, Trump appeared to be leaning towards keeping DACA going.
With the six-month delay for enforcement, Congress will have an opportunity to enshrine DACA protections in law. Sources told Politico some Republicans would trade passing a DACA bill in exchange for funding for a border wall with Mexico, but Democratic legislators have been reluctant to bargain over the program. One "plugged-in immigration advocate" told the site that he believed there's only a 30 percent chance that Congress passes a DACA bill.
ABC News reports, "According to the two administration officials, here’s the policy to be announced later today":
-The administration won't consider new applications for legal status dated after Sept. 5.
-If you are not already protected by the program, you are out of luck, although applications filed before Tuesday that are pending will continue to be processed.
- Anyone who has a DACA permit expiring between now and March 5, 2018, can apply for a two-year renewal. That application must be submitted by Oct. 5.
-Some Dreamers, those with permits that expire between now and March 5, will be eligible for legal status for another two-plus years. For others, legal status ends as early as March 6.
On Tuesday morning, Trump Tweeted, "Congress, get ready to do your job - DACA!"
Congress, get ready to do your job - DACA!
— Donald J. Trump (@realDonaldTrump) September 5, 2017
A protest outside Trump Tower on Fifth Avenue is planned for this morning.