Experts: DACA and TPS

Published: 15 January 2018

Jose Mauricio Gaona, O’Brien Fellow at the McGill Centre for Human Rights and Legal Pluralism

Under US law, immigration authorities may exercise discretionary powers to allow otherwise inadmissible or removable aliens to enter or remain in the country. Such powers include, but are not limited to: (i) deferred actions, 8 U.S.C. § 1227(d)(2), e.g., DACA, (ii) parole to enter the U.S. on humanitarian grounds, 8 U.S.C. § 1182(d)(5)(A), and (iii) Temporary Protected Status for foreign nationals of designated states and circumstances, 8 U.S.C. § 1254(a), e.g., El Salvador, Haiti.

On January 20, 2017, President Trump issued Executive Order 13768 “Enhancing Public Safety in the Interior of the United States,” which directed federal agencies to ensure a faithful execution of immigration laws against removable aliens. As a result, DHS — following U.S. AG legal opinion — rescinded DACA. On January 9, 2018, federal district judge, William Aslup, granted a preliminary injunction promoted by the University of California against the U.S. government to restore DACA, ordering USCIS to accept DACA renewals until further notice. As Trump uses funding for his “Wall” and Democrats-in-Congress a government shutdown to force an immigration deal, the lives of 800,000 "Dreamers" are on the line. 

Topics: International legal scholar expert in the areas of constitutional, immigration, and international law


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