DACA remains, but Trump administration eliminated DAPA

The Trump administration successfully revoked a deportation-reprieve program for parents but has not found similar success in getting rid of the program that benefits immigrants that came to the United States as minors.

During President Donald Trump's first year in office, the Department of Homeland Security rescinded the Obama-era memo that created Deferred Action for Parents of Americans and Lawful Permanent Residents, better known as DAPA.

DAPA, however, never went into effect because it was challenged in court by Texas and 25 other states that argued that it was an overreach of executive powers by then-president Barack Obama. The case rose to the U.S. Supreme Court in 2016 but ended in a 4-4 deadlock, when the late Justice Antonin Scalia had not been replaced in the court at that point. The Supreme Court outcome left a lower court's ruling in place, halting the program.

The Trump administration also attempted to get rid of Deferred Action for Childhood Arrivals, or DACA, the program that prevents the deportation of immigrants who came to the United States as children and live here illegally.

But legal challenges to the administration's efforts have left that program in place, with some caveats. The administration is required to continue processing renewal applications for immigrants who have been granted DACA and want to renew that protection.

However, immigrants who have never had DACA are not allowed to file an application seeking the protection for the first time.

A federal judge who ruled against the Trump administration in August 2018 said he was not siding with the administration, not because the administration lacked the statutory or constitutional authority to revoke the program, but because it had not given a rational explanation for the termination.

In a separate case, the 9th Circuit Court of Appeals in November 2018 also agreed with a lower court's ruling to keep DACA in place.

The Trump administration has asked the U.S. Supreme Court to consider the multiple cases against its decision to end DACA.

Trump promised to end both DACA and DAPA. One of those programs, DAPA, is eliminated (even though it never went into effect). DACA remains in effect, but with limitations.

Trump has made progress on one aspect of his promise but hasn't fulfilled entirely. Given the actions taken so far, we rate this a Compromise.