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Professor Anil Kalhan Critiques Decision to Rescind DACA in Quartz

Professor Anil Kalhan

September 06, 2017

In a Sept. 5 article in Quartz, Professor Anil Kalhan offered a point-by-point challenge to the explanations that U.S. Attorney General Jeff Sessions provided for ending the Deferred Action for Childhood Arrivals policy.

Sessions’ statement that DACA essentially provided a legal status and work authorization for recipients is untrue, Kalhan said, adding that the program “does not, as a green card would, provide permanent security for those who hold it” and that recipients must obtain work permits through a separate process.

While Sessions contended that DACA represented an unconstitutional exercise of authority that grants unilateral executive amnesty, Kalhan said the issue of constitutionality has “never been resolved” and that it applies only to eligible immigrants who must apply to have their individual circumstances evaluated.

Finally, while Sessions said DACA sparked a surge of unaccompanied minors on the southern border, Kalhan noted that the policy only applies to illegal immigrants who had arrived before June 15, 2007 and have lived in the U.S. for at least five years. It would make no sense for minors to cross the border to gain status under a policy that doesn’t cover them, Kalhan observed.

Kalhan is an authority on immigration law and international human rights law.

Quartz is an online news outlet that focuses on the changing global economy.