Trump administration rescinds memo for DAPA, keeps DACA

President Donald Trump's administration has rescinded an Obama-era memo that created a program to defer deportation for undocumented parents of U.S. citizens and lawful permanent residents. 

But Trump has kept in place another program that benefits so-called "Dreamers," immigrants who came to the United States as children and are here illegally. 

The Department of Homeland Security on June 15 said that after consulting with Attorney General Jeff Sessions, it decided to rescind a November 2014 memo outlining guidance for Deferred Action for Parents of Americans and Lawful Permanent Residents, better known as DAPA.

DAPA was never implemented during the Obama administration. Texas and 25 other states challenged the program in courts contending that then President Barack Obama abused his executive powers and did not follow administrative procedures. The Supreme Court in June 2016 reviewed the case and deadlocked 4-4. (Justice Antonin Scalia had died in February 2016 and had not yet been replaced.) That vote kept in place a lower court's ruling to halt the program.

About 5 million immigrants in the country illegally would have benefitted from DAPA, the program for parents.

DHS said it rescinded the DAPA memo "because there is no credible path forward to litigate the currently enjoined policy." DHS Secretary John Kelly also took into consideration Trump's new, expanded enforcement policies, the department said.

The 2014 memo also sought to expand provisions for Deferred Action for Childhood Arrivals (DACA), the program offering deportation reprieve for "Dreamers." The expansions outlined in the memo have also been rescinded, but the original program for Dreamers remains in effect.

It's not clear to us if the program for Dreamers is here to stay, or if it remains under review. We asked DHS if the administration was also reviewing the June 2012 memo that created DACA. We did not get a response by deadline.

Trump campaigned on a promise to terminate both DAPA and DACA. So far, only one has been revoked. We rate this promise In the Works.