- The Trump administration has rolled back key aspects of DACA in order to review the future of the policy, including preventing new applicants and limiting other benefits for current recipients.
- In a memo, Acting Secretary of Homeland Security Chad Wolf said he was making the changes “in light of the Supreme Court’s decision.”
- Last month, the Supreme Court rejected President Donald Trump’s 2017 decision to end DACA, a move that put similar restrictions in place, including preventing new applicants.
- After numerous reports of new applicants being rejected, a federal judge ruled that the SCOTUS decision meant that DACA needed to be restored to its full status and that the application process must be reopened.
- As a result, the new decision by DHS appears to violate the appellate court’s decision and will almost certainly face legal challenges.
The Trump administration on Tuesday announced a series of new restrictions to the Deferred Action for Childhood Arrivals (DACA) including prohibiting new applicants and limiting renewals of current recipients in a move that appears to directly violate a federal court ruling.
The move marks the latest attack by the Trump administration on the program, which was created via executive action by President Barack Obama in 2012 to help young immigrants who were brought to the U.S. illegally before the age of 16, also known as DREAMers.
In September 2017, President Donald Trump announced that he was going to wind down DACA and blocked all new applications, claiming that it was unconstitutional because Obama acted outside his executive powers by creating the program without Congress’ approval.
The Supreme Court rejected that attempt last month in a 5-4 decision. Notably, the Court specifically did not say whether or not DACA was legal or illegal.
Instead, it said Trump could not end DACA because the administration did not give adequate legal reasoning to justify scrapping the program; however, the court did not prevent the Trump administration from getting rid of the program if it came up with more sound legal reasoning.
While Trump did say that he still wanted to end DACA, most legal experts believed that SCOTUS ruling meant that the program, which had been diminished under Trump, had to be restored to its full version before Trump rescinded it in September 2017.
Not only would that mean that the 650,000 DREAMers whose futures had been in limbo for nearly three years would now have security, it also meant that the Trump administration would now have to reopen DACA applications for the estimated 300,000 young immigrants who qualified for the program but were unable to apply since 2017.
But about a month after the Supreme Court decision, numerous reports began to circulate claiming that the Trump administration was rejecting new DACA applications.
As a result, on July 17, U.S. District Judge Paul Grimm ruled that the Supreme Court decision meant DACA had to be restored to its full status before Trump tried to scrap it, meaning the Trump administration must accept new applicants.
In a court hearing Friday, Trump administration officials said for the first time that they had not “granted nor rejected” any applications, but instead, had put them all “on hold” while the administration decides on the future of the DACA program; however, they also said that some applications were rejected because of an error like missing information or an incorrect fee.
Judge Grimm responded to that new information by condemning the Trump administration for not explaining to applicants why they were being rejected. He also criticized them for not updating the U.S. Citizenship and Immigration Service website, which still said the government was not accepting new applications over a month after the Supreme Court ruling.
The Trump administration said that the website had “outdated and inaccurate information” that didn’t reflect their current policies. That did not satisfy Grimm.
“That is a problem,” he said. “As for the inaccuracy on the website, that has to change and that should be able to change very quickly… It creates a feeling and a belief that the agency is disregarding binding decisions by appellate and the Supreme Court.”
Grimm also told the administration that it must clarify the status of the program in the next 30 days.
That clarification came in the form of a memo issued by Acting Secretary of Homeland Security Chad Wolf on Tuesday, where he announced that he was “making certain immediate changes to the DACA policy to facilitate my thorough consideration of how to address DACA in light of the Supreme Court’s decision.”
Those changes included rejecting all new DACA applicants, rejecting almost all requests for current DACA recipients to travel outside the U.S. except in “exceptional circumstances,” and requiring current DACA recipients to renew their deferred action and work authorizations every year instead of every two years.
Wolf did say that he was “determined to give careful consideration to whether the DACA policy should be maintained, rescinded, or modified,” but added that based on the evidence he has seen: “I have concluded that the DACA policy, at a minimum, presents serious policy concerns that may warrant its full rescission. At the same time, I have concluded that fully rescinding the policy would be a significant administration decision that warrants additional careful consideration.”
Wolf then went on to outline several reasons why he believes the program is problematic.
First, he said he has “serious doubts” about the legality of offering undocumented immigrants protection from deportation. He argued that Congress should be responsible for deciding legal protections for immigrants and that the executive action that created DACA should not be considered permanent.
Wolf also said he was worried about sending “mixed messages” on the enforcement of immigration laws.
“DACA makes clear that, for certain large classes of individuals, DHS will at least tolerate, if not affirmatively sanction, their ongoing violation of the immigration laws,” he said.
“I am deeply troubled that the message communicated by non-enforcement policies like DACA may contribute to the general problem of illegal immigration in a manner that is inconsistent with DHS’s law enforcement mission.”
Wolf’s memo is highly significant not only because it represents the Trump administration’s first official attack on DACA since the Supreme Court ruling, but also because the ruling appears to directly go against Grimm’s ruling. As a result, it is almost certain to face legal challenges.
“We obviously have no choice but to go back to court,” Mark Rosenbaum, a lawyer who argued against the Trump administration’s move to get rid of DACA in the Supreme Court told the New York Times. “It was illegal the first time, and now it’s a constitutional crisis. It’s as if a Supreme Court decision was written with invisible ink.”
The Trump administration is already on the defense. On Tuesday, unidentified administration officials gave different and even contradictory explanations to different media outlets.
One official told the Wall Street Journal that the interim rules do not go against Grimm’s order because they “constitute a new DHS policy that replaces the DACA cancellation invalidated by the Supreme Court.”
But another administration official also told ABC News that the memo did not create a new program, but served as an “intervening action” while the administration reviewed the policy.
Right now, an exact timeline is unclear. Officials declined to answer whether or not the review would be completed before the election in November when asked by the Times.
Many experts believe that while Trump is positioning DACA as a key immigration issue in the election, he is unlikely to move on the question before then.
DACA is a complicated issue for Trump, who has long said the program is illegal, but DACA has been unusually popular among conservatives. Last month, a Pew Research Center poll found that 74% of Americans said they support the program, including 54% of Republicans.
By making this announcement but pushing this issue, Trump still can still energize his anti-immigrant base, while also avoiding at least some backlash from people who support the DREAMers—a point Trump himself seemed to hit on that point in a press conference Tuesday.
“We are going to make DACA happy and the DACA people and representatives happy, and also end up with a fantastic merit-based immigration system,” he said, adding that the Supreme Court’s DACA ruling gave him “more power,” though the decision said nothing about extending executive powers.
Over the last few weeks, Trump has also said that he will deal with DACA through an executive order on immigration. While his team has tried to backtrack those comments, the remarks are still quite ironic, given the fact Trump’s entire reasoning for getting rid of the program is because he claims it was executive overreach.
See what others are saying: (CBS News) (The Wall Street Journal) (The New York Times)
Florida Breaks Its Record for New Daily COVID-19 Cases and Hospitalizations
The Sunshine State now accounts for 20% of all new COVID-19 cases nationwide.
Florida Becomes COVID Epicenter
Florida reported 10,207 COVID-19 hospitalizations on Sunday, marking its largest single-day count to date. The grim record comes just one day after the Centers for Disease Control and Prevention released data showing that the state had counted 21,683 new infections Friday, its highest record of daily cases since the start of the pandemic.
Florida has become the new epicenter of the most recent U.S. outbreaks driven by the delta variant. The state now accounts for one out of every five new cases, and the weekend numbers are highly significant because they surpass previous records that were logged before vaccines were readily available.
Notably, Florida’s vaccination rate is actually the exact same as the nationwide average of 49% fully vaccinated, according to The New York Times tracker. In fact, Florida’s rate is the highest among the top 10 states currently reporting the most COVID cases.
While Gov. Ron DeSantis (R) has encouraged Florida residents to get vaccinated, he and the state’s legislature have also made it much harder for local officials to enforce protections to mitigate further spread.
DeSantis Bars Masking in Schools
On the same day that the state reported its highest cases ever, DeSantis signed an executive order banning school districts from requiring students to wear a mask when they go back to school later this month.
The move directly contradicts guidance issued by the CDC last week, which recommended that everyone inside K-12 schools wear a face covering.
DeSantis, for his part, has repeatedly claimed the spikes are part of “seasonal” increases driven by more people being indoors and air-conditioning systems circulating the virus. Still, he argued also Friday that he did not think masks were necessary to prevent children from transmitting COVID in the classroom, where they are inside with air conditioning.
At the same time, last week, Florida reported more than 21,000 infections among children younger than 19.
Florida is not the only state that has banned schools from requiring masks. In fact, many of the states suffering the biggest spikes have done the same, including Arkansas, Oklahoma, and Texas — which all currently rank among the top 10 states with the highest per capita COVID cases.
See what others are saying: (The Washington Post) (NPR) (Axios)
Biden to Mandate COVID Vaccines for Federal Workers as CDC Changes Masking Guidance
News of the efforts came on the same day that the U.S. reported more than 100,000 new daily COVID cases for the first time since February.
Federal Vaccine Mandate
President Joe Biden will announce Thursday that all federal employees must get vaccinated against COVID-19 or consent to strict testing and other safety precautions, White House officials told reporters Tuesday.
Earlier in the day, Biden said he was considering the requirement but did not provide any more information.
While the officials also said the details are still being hashed out, they did note that the policy would be similar to ones recently put in place by California and New York City, which respectively required state and city workers to get the jab or submit to regular testing.
Also on Tuesday, the Centers for Disease Control and Prevention updated their guidelines to recommend that Americans who live in areas “of substantial or high transmission,” as well as all students and teachers, wear masks indoors regardless of their vaccination status.
Delta Causes Spikes, But Vaccines Still Prove Effective
The renewed COVID mitigation efforts come as the delta variant is driving massive surges all over the country.
Coronavirus cases have quadrupled throughout July, jumping from a weekly average of 11,799 on the first day of the month to 63,248 on Tuesday, according to The New York Times tracker. Tuesday also saw new daily infections topping 100,000 for the first time since February, with more than 108,000 reported, per The Times.
While the vast majority of new infections are among people who have not been vaccinated, there have also been increasing reports of breakthrough cases in people who have received the jab.
Those cases, however, do not mean that the vaccines are not effective.
No vaccine prevents 100% of infections. Health officials have said time and time again that the jabs are intended to prevent severe disease and death, and they are doing just that.
According to the most recent data for July 19, the CDC reported that only 5,914 of the more than 161 million Americans who have gotten the vaccine were hospitalized or died from COVID-19 — a figure that represents 0.0036% of vaccinated people.
While safety precautions may be recommended for some people who have received the vaccine, many media narratives have overstated the role breakthrough cases play in the recent spikes. As New York Magazine explains, it is imperative to understand these new mask recommendations are not happening because the vaccine is not effective, but because not enough people are getting the vaccine.
“Because breakthrough infections have so often made the news due to their novelty, that can create a perception of more cases than are actually happening — particularly without more robust tracking of the actual cases to provide context,” the outlet wrote.
See what others are saying: (The Washington Post) (The New York Times) (CNBC)
Wisconsin Police Deny Planting Evidence in Viral Video, Release Their Own Body Cam Footage
The footage police released shows that during a search, officers found a corner tear from a plastic bag inside a backseat passenger’s pocket. An officer then discarded it into the car after determining that it was empty.
Viral Video Appears To Show Officer Planting Evidence
The Caledonia Police Department in Wisconsin has responded to a viral cell phone video that appears to show an officer planting a small plastic baggie inside of a car during a traffic stop.
The now-viral footage was posted to Facebook by a man who goes by GlockBoy Savoo.
The user, who also filmed the clip, wrote in his post’s caption that the officer did this “just to get a reason to search the car” and said the cop didn’t know he was being recorded by the passenger.
Police Shut Down Accusations With Their Own Footage
After that video spread across social media, many were outraged, calling the Caledonia police dirty for seemingly planting evidence. All the outrage eventually prompted the department to announce an investigation Saturday.
Within hours, the department provided an update, claiming that officers didn’t actually plant any evidence or do anything illegal.
Police shared a lengthy summary of events, along with two body camera clips from the incident. That statement explained that the driver of the vehicle was pulled over for going 63 in a 45mph zone.
Two passengers in the backseat who were then spotted without seatbelts were asked to identify themselves and step out of the car. During a search of one passenger’s pockets, an officer pulled out “an empty corner tear” from a plastic baggie.
Police claim the corner tear did not contain any illegal substances, though they said this type of packaging is a common method for holding illegal drugs.
In one body cam clip, an officer can be heard briefly questioning the backseat passenger about the baggie. Then, that piece of plastic gets handed off to different officers who also determined it as empty before the officer in the original viral video discarded it into the back of the car.
The officer can also be seen explaining where the plastic came from to the passenger recording him.
“Aye, bro you just threw that in here!” the front seat passenger says, as heard in his version of the events.
“Yeah, cause it was in his pocket and I don’t want to hold onto it. It’s on their body cam that they took it off of him…I’m telling you where it came from, so. It’s an empty baggie at the moment too, so,” the officer replies.
The department went on to explain that while it would discourage officers from discarding items into a citizen’s car, this footage proves that evidence was not planted.
Authorities also noted that no arrests were made in this incident and the driver was the only one issued a citation for speeding. The statement added that since four officers were present at the scene, police have more than six hours of footage to review but they promised to release the footage in full in the near future.