But senior Trump aides are holding fast to their goal of strengthening immigration enforcement, the president’s chief campaign promise. They have examined at least two options that would not directly involve Trump, according to two immigration policy advisors to the White House: a lawsuit brought by states, and new legal guidance that details who is a priority for deportation.
Under that option, Atty. Gen. Jeff Sessions, a vocal critic of deportation relief as a senator, would direct Department of Justice lawyers to review the program, which issues two-year work permits to people who qualify and keeps them from being categorized as deportation priorities.
If the Justice Department determines that DACA is not legal or is no longer a responsible use of prosecutorial discretion, the Department of Homeland Security would be instructed to stop awarding and renewing work permits.
Another possible path involves the courts. A handful of governors are considering a challenge patterned on the 2014 lawsuit filed by several conservative state officials against the Obama administration’s expansion of deportation protections. If they sue, Sessions could instruct his lawyers not to defend the program in court, exposing it to indefinite suspension by a federal judge.
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