Thread by @David_J_Bier

PSA: Trump reportedly offered to extend DACA for 3 years. But that is NOT what McConnell’s bill does. It replaces DACA with an entirely new program that is far more restrictive than DACA, excluding Dreamers who would be, or are already, eligible for or even in DACA now

Start here. P. 1235 makes it much more difficult for Dreamers to prove eligibility. As USCIS says, the “clear & convincing” standard is now rarely used and for applicants who the government has reasons to be suspicious of (eg a prior fraudulent marriage). This is a BIG change

In addition to all of the fees for DACA, the bill imposes what it calls a “security fee” (i.e. a penalty)—which would essentially double the cost of the application. According to @MigrationPolicy, cost is the number 1 barrier to Dreamers getting DACA

The bill also applies the “public charge” ground of inadmissibility to Dreamers—which is not required under DACA. The new DHS public charge rule would ban anyone who is even 5% dependent on any level of government, even state or local aid. P. 1238

This provision goes even further and bans Dreamers who cannot prove BY CLEAR AND CONVINCING evidence that they cannot support themselves at 125% of the poverty line. Most Americans consider Dreamers to be Americans & this is unAmerican

This provision also applies the inadmissibility determination for those who erroneously claimed to be U.S. citizens. This is a common phenomenon among Dreamers because many of them don’t ever realize that they are here illegally until they claim otherwise!

This would exclude Dreamers who are here illegally because of a removal order, yet the whole point of DACA was to provide lawful presence to those here illegally. This provision narrows the Dreamer eligible population even further.

This provision is so insane I had to do a doubletake. It would require Dreamers to pay back to the US government any *legally obtained* tax credits. Mouth agape.

Oh, and this makes it clear that the DACA program is dead. Anyone who dropped out or didn’t apply for fear of what Trump (or Obama!) would do or anyone too young to have applied cannot apply for this program.

Same point here. The DACA program—or this replacement program—doesn’t even continue for 3 years because applications are cutoff after 2, preventing people from getting renewals just before the cutoff and extending

Once again, this makes clear that this program is not a continuation of DACA as the status cannot be renewed (unlike DACA!).

Unlike DACA, it stops Dreamers from leaving & reentering to register a legal admission, which is a prerequisite for adjusting status to legal permanent residence. This would prevent Dreamer spouses of U.S. citizens from getting real permanent status

This one is slippery, but it deems anyone now in DACA to have provision protected presence—which is limited to just 3 years. So once they apply and go through the process, they won’t be able to apply and get 3 MORE years on top of their existing DACA.

Just to reiterate the importance of the evidentiary standard increase. Denials will increase particularly for provisions like the one that requires them to prove that they have "never" in their lives been in a gang (another change)

I am certain that there are other changes hidden in this bill, but to call this bill an extension of DACA is totally false. It should get as a "paints on fire" rating from @PolitiFact appropriations.senate.gov/imo/media/doc/…

I meant to say that "they cannot prove... that they *can* support themselves..."

Also, all DACA applicants can renew right now. They don't need to reapply for status every time, so requiring them to reapply and reprove their eligibility would be a huge departure from the current practice.

I wrote up the key points of this thread here. #CatoImmigration cato.org/blog/senate-go…