Miami-Dade Legislative Item
File Number: 172444
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File Number: 172444 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1094-17 Control: Board of County Commissioners
File Name: OPPOSE DEPORTATION OF DREAMERS LEGAL STATUS Introduced: 10/26/2017
Requester: NONE Cost: Final Action: 11/7/2017
Agenda Date: 11/7/2017 Agenda Item Number: 11A24
Notes: Title: RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT S. 1615, H.R. 3440, THE DREAM ACT, OR SIMILAR LEGISLATION THAT WOULD REQUIRE THE DEPARTMENT OF HOMELAND SECURITY TO CANCEL THE DEPORTATION OF AND GRANT LEGAL STATUS TO INDIVIDUALS WHO WERE GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVALS (“DACA”) STATUS; OPPOSING THE DEPORTATION OF DACA DREAMERS; URGING THE UNITED STATES CONGRESS TO ENACT LEGISLATION THAT WOULD PROTECT DACA DREAMERS FROM DEPORTATION AND CREATE A PATHWAY TO LEGAL STATUS; AND OPPOSING THE ISSUANCE OF EXECUTIVE ORDERS FURTHER LIMITING THE DACA PROGRAM
Indexes: URGING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/7/2017 11A24 Adopted P

County Attorney 10/26/2017 Assigned Suzanne Villano-Charif 10/27/2017

Legislative Text


TITLE
RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT S. 1615, H.R. 3440, THE DREAM ACT, OR SIMILAR LEGISLATION THAT WOULD REQUIRE THE DEPARTMENT OF HOMELAND SECURITY TO CANCEL THE DEPORTATION OF AND GRANT LEGAL STATUS TO INDIVIDUALS WHO WERE GRANTED DEFERRED ACTION FOR CHILDHOOD ARRIVALS (“DACA”) STATUS; OPPOSING THE DEPORTATION OF DACA DREAMERS; URGING THE UNITED STATES CONGRESS TO ENACT LEGISLATION THAT WOULD PROTECT DACA DREAMERS FROM DEPORTATION AND CREATE A PATHWAY TO LEGAL STATUS; AND OPPOSING THE ISSUANCE OF EXECUTIVE ORDERS FURTHER LIMITING THE DACA PROGRAM

BODY
WHEREAS, on June 15, 2012, Janet Napolitano, former Secretary of the Department of Homeland Security, issued a memorandum (“DACA Memorandum”) to Immigration and Customs Enforcement (“ICE”), U.S. Customs and Border Protection, and U.S. Citizenship and Immigration Services (“USCIS”) entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” which established the program known as Deferred Action for Childhood Arrivals (“DACA”); and
WHEREAS, the DACA Memorandum set forth the criteria for the Department of Homeland Security to exercise prosecutorial discretion to defer removal actions for certain young people who were brought to this country as children who lacked the intent to violate immigration laws and who only know this country as home; and
WHEREAS, to apply for DACA, individuals must have lacked legal immigration status, been younger than 31 on June 15, 2012, arrived in the U.S. before turning 16, and lived continuously in the U.S. since June 2007; and
WHEREAS, the DACA program permits individuals brought to the United States illegally as minors to receive a renewable two-year period of deferred action from deportation and provides an opportunity for eligible individuals to obtain a work permit; and
WHEREAS, DACA provides its recipients, often referred to as “Dreamers,” the temporary right to live, study and work in America without fear of deportation; and
WHEREAS, almost 800,000 Dreamers were granted protections under the DACA program; and
WHEREAS, on September 5, 2017, Elaine Duke, Acting Secretary of the Department of Homeland Security, issued a memorandum to ICE, U.S. Customs and Border Protection, and USCIS, rescinding the June 15, 2012 DACA Memorandum and advised Department of Homeland Security personnel to take all appropriate actions to execute a wind down of the DACA program; and
WHEREAS, the Department of Homeland Security provided a limited six month window during which it would consider requests for DACA and applications for work authorization under specific parameters; and
WHEREAS, DACA benefits are provided on a two-year basis and individuals with DACA status will be permitted to retain DACA status and work authorizations until expiration, on or before March 2020; and
WHEREAS, Dreamers will no longer have protection from deportation under DACA or receive authorization to work after expiration of their DACA application and employment authorization documents; and
WHEREAS, the wind down of the DACA program impacts almost 800,000 young people who entered the U.S. before age 16, who had temporary protection from deportation, and who obtained work authorization; and
WHEREAS, Dreamers are integral to our country, community, and economy; and
WHEREAS, a pair of bills entitled the Dream Act of 2017, S. 1615 by United States Senator Lindsey Graham (R-South Carolina) and H.R. 3440 by United States Representative Lucille Roybal-Allard (D-California), have been filed for consideration during the 115th Congress; and
WHEREAS, S. 1615 and H.R. 3440 are bills authorizing the cancellation of removal, known as deportation, and the adjustment of status to a legal permanent resident for certain individuals, including but not limited to Dreamers, who are long-term United States residents and who entered the United States as children; and
WHEREAS, the Dream Act of 2017 would also prohibit the Department of Homeland Security from disclosing or using information provided in DACA requests for immigration enforcement purposes; and
WHEREAS, the United States Congress has considered legislation similar to the Dream Act of 2017 several times since 2001; and
WHEREAS, on March, 7, 2017, this Board adopted Resolution No. R-199-17 which urged the United States Congress and President Trump to enact comprehensive immigration reform during the 115th Congress; and
WHEREAS, this Board supports S.1615, H.R. 3440 or similar legislation that would prohibit the deportation of Dreamers and provide Dreamers a pathway for legal status to remain in the United States,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the United States Congress to enact S. 1615, H.R. 3440 or similar legislation that would direct the Department of Homeland Security to cancel the deportation of and grant legal status to individuals who were granted Deferred Action for Childhood Arrivals (“DACA”) status.
Section 2. Opposes the deportation of DACA Dreamers.
Section 3. Urges the United States Congress to enact legislation that would protect DACA Dreamers from deportation and create a pathway to legal status for DACA Dreamers.
Section 4. Opposes the issuance of executive orders further limiting the DACA program.
Section 5. Directs the Clerk of the Board to transmit a certified copy of this resolution to the President of the United States, Members of the Florida Congressional Delegation and the Department of Homeland Security.
Section 6. Directs the County’s federal lobbyists to advocate for the legislative actions set forth in Sections 1, 3 and 4 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2017 Federal Legislative Package to include this item and to include this item in the 2018 Federal Legislative Package when it is presented to the Board.



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