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White House ‘Compromise’ Actually Guts DACA and TPS, Restricts Asylum

Posted on Jan 24 2019

The Trump/McConnell “compromise” proposal to end the government shutdown offers neither good faith nor actual extensions of DACA and TPS. Instead of real extensions, the bill required re-applications, with higher fees and under different, more restrictive rules.

David Bier of the libertarian think tank the Cato Institute wrote an extensive analysis,
Senate GOP Bill Doesn’t Extend TPS. It Guts It. His article points out that the bill:

  1. Ends TPS for 5 of the 9 TPS countries;
  2. Requires TPS recipients to reapply for initial status;
  3. Imposes a much higher evidentiary burden;
  4. Massively increases TPS application cost;
  5. Adds a minimum income requirement;
  6. Requires TPS holders to pay back legally-obtained tax credits;
  7. Bars those with pending criminal charges;
  8. Keeps TPS recipients from getting permanent residence;
  9. Forbids future extensions of TPS, and
  10. Mandates that all undocumented immigrants are banned from TPS in the future.

Bier also addresses DACA in Senate GOP Bill Doesn’t Extend DACA. It Guts It, pointing out tha tthe bill:

  1. Requires Dreamers to reapply;
  2. Institutes a much higher evidentiary burden;
  3. Imposes a monetary fine/double application cost;
  4. Adds a “public charge” rule;
  5. Adds a minimum income requirement;
  6. Requires pay back of legally-obtained tax credits;
  7. Excludes Dreamers who ever claimed to be U.S. citizens;
  8. Excludes Dreamers with removal orders;
  9. Excludes Dreamers not in DACA;
  10. Keeps Dreamers from getting permanent residence; and
  11. Bans future renewals of status for Dreamers.

For a more detailed analysis, see Summary by the Immigration Hub with analysis and input from American Immigration Council, American Immigration Lawyers Association, Center for American Progress and National Immigrant Justice Center (below):

Trump-McConnell_bill_analysis-January-22-2019