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Thread: Sept 6 - Slow Pace Of DACA

  1. #1

    Sept 6 - Slow Pace Of DACA

    Comment: Slow Pace Of DACA -

    The Pasadena Star-News reports that DACA applications are not being filed at the rate many expected. The primary concern is the lack of an appeals process in the event applications are rejected. Additionally, there are concerns over whether the program will continue to exist if President Obama does not get re-elected. We comment on both of these below.

    The lack of appellate procedure will be the case in any instance of prosecutorial discretion; it is the nature of the beast. We see this program as a blessing for many, despite its imperfections. Those with concerns about their status should consult with attorneys - many groups are offering pro bono services and, in general, the fees charged by attorneys to work on these cases are not too high. In addition, the continuation of the program should not be a concern to those seeking Deferred Action for two reasons. First is that polling so far has shown a fairly close race, so it is distinctly possible that Mr. Obama will remain in the White House. On the other hand, while Mr. Romney claims he would end DACA if elected, there are reasons to believe he would not act on that statement. It would be an exceedingly bad public relations move given the GOP's growing problem connecting with Hispanic voters. More importantly, it is hard to believe that a President Romney would begin his term of office with such a controversial move. Naturally, he will have limited political capital, and the huge looming fights over the budget and Obamacare will consume all of it (and then some). It is unlikely that something with very little upside like ending DACA would be given much more than lip service in the initial six months of a Romney administration. Now, even presuming that Mr. Romney decides that ending DACA is an expenditure of his political capital, he might well simply direct that any new DACA applications be rejected. In this event, such direction may well wait for the nomination and Senate confirmation of a new USCIS Director, and in the interim, the bureaucracy can be expected to churn out continuing DACA approvals. However, for those who already have a DACA approval by then, we believe that not only will Mr. Romney respect their quasi-status, but he will even continue to renew their EADs in the years to come. We say this based on the track record of previous administrations and Congresses once EADs have already been granted. There is the final possibility that the courts might decide that they have some jurisdiction over the DACA process and may force some EAD continuance by themselves. In any event, furious litigation over this matter should be expected should Mr. Romney really decide that ending DACA is to be the keynote of the early stages of his administration. Share your thoughts with us at and read the full article here.

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  2. #2
    Regarding slow pace of DACA-- I read an article that looked at increased workloads at various courts and law enforcement clerks offices. It seems that prospective DACA applicants are checking themselves out, or more likely their advocates (CBOs, NGOs, Reps and attorneys) are making them do it. That may help to explain why it seems like numbers are lower than expected. That of course goes hand-in-hand with another observation I saw the other day about the confusion about being "enrolled in school" and the fact that many were on summer vacation. I would expect things to pick up soon. It's just a guess, what would I know about such matters.

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