“Ending Unconstitutional, Executive Amnesties” Draft Executive Order Summary

President Donald Trump has issued several Executive Orders and Memos this week regarding immigration – below is our summary of the draft order regarding “Ending Unconstitutional, Executive Amnesties”

• Recognizes that President Obama’s executive amnesty programs are unconstitutional and unlawfully provide illegal aliens with affirmative benefits such as lawful presence, work authorization, access to the Social Security Trust Fund and the Earned Income Tax Credit.
• Immediately rescinds the Deferred Action for Childhood Arrivals (DACA) amnesty program.
  • Maintains work authorization for current DACA recipients until it expires.
• Immediately rescinds the Deferred Action for Parents of Americans (DAPA) amnesty program and the expansion of DACA.
  • These provisions were blocked by federal courts in U.S. v. Texas litigation.
• Nullifies the Obama administration’s Department of Justice memo that prevented federal officials from enforcing immigration laws against illegal aliens who were not within President Obama’s “enforcement priorities.”
• Requires the Department of Homeland Security (DHS) Secretary to report to the President on the progress in implementing this directive within 90 days.
• Requires the Attorney General to report to the President on the progress in implementing this directive within 180 days.
• Reiterates that the DHS Secretary still has the authority to set enforcement priorities or exercise prosecutorial discretion “on a case-by-case basis” for DACA recipients.

Full text of DRAFT Executive Order available here.