2016 presidential candidates on DACA and DAPA

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See also: President Obama's Immigration Accountability Executive Actions



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2016 Presidential Election
Date: November 8, 2016

Candidates
Winner: Donald Trump (R)
Hillary Clinton (D) • Jill Stein (G) • Gary Johnson (L) • Vice presidential candidates

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For information about immigration policy under the Trump administration, click here.

This page was current as of the 2016 election.
At the time of the 2016 election, it was unlikely that President Barack Obama’s (D) immigration executive actions would go into effect before his term ended. The future of nearly 5 million individuals residing in the country without legal permission, who would benefit from the deferred action policies, would be left to the winner of the 2016 presidential election.[1]

HIGHLIGHTS
  • At the time of the 2016 election, DAPA had not been implemented, and DACA had not been expanded because Texas and 25 other states challenged the programs in federal court.
  • Donald Trump (R) opposed DACA and DAPA. Hillary Clinton (D), Gary Johnson (L), and Jill Stein (G) all supported DACA and DAPA.
  • See what the 2016 candidates and their respective platforms said on DACA and DAPA below.

    What are DACA and DAPA?

    Deferred Action for Childhood Arrivals (DACA) is a program that allows individuals who were brought to the United States as children to receive relief from being deported for a period of time if they meet certain criteria. Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents (DAPA) proposed delaying the deportation of parents of U.S. citizens or lawful permanent residents and providing them with work permits, as long as they were in the United States since January 1, 2010, and did not pose a threat to national security or public safety.

    Both programs rely on deferred action which is "[a] use of prosecutorial discretion to not remove an individual from the country for a set period of time, unless the deferred action is terminated for some reason. Deferred action is determined on a case-by-case basis and only establishes lawful presence but does not provide immigration status or benefits of any kind."[2]

    Nearly 800,000 people were granted deferred action under DACA through fiscal year 2015, according to U.S. Citizenship and Immigration Services.[3]

    Interested in reading more about the 2016 candidates' stances on issues related to DACA and DAPA?
    Ballotpedia also covered what the candidates said about immigration, labor and employment, and national security.

    OVERVIEW OF CANDIDATE POSITIONS
  • Hillary Clinton supported Obama’s executive actions on the DACA and DAPA programs.
  • Donald Trump opposed DACA and DAPA and called Obama's executive actions on DACA and DAPA “one of the most unconstitutional actions ever undertaken by a President.”
  • Jill Stein supported DACA and DAPA.
  • Gary Johnson supported DACA and DAPA.
  • Democratic candidate

    Democratic Party Hillary Clinton

    caption
    • After the United States Supreme Court blocked President Obama from implementing his Immigration Accountability Executive Actions on June 23, 2016, Hillary Clinton tweeted: "Today's heartbreaking #SCOTUS immigration ruling could tear apart 5 million families facing deportation. We must do better. -H."[4] In a statement, Clinton called the ruling purely procedural and said that she thought President Obama had the authority to implement his immigration executive actions.[5]
    • During a Democratic town hall event on February 19, 2016, a woman asked, "Mrs. Clinton, what would you do to make possible that the DACA students become permanent residents? You know, they live with a lot of fear, because they have to renew their permits every two years and that is a terrifying prospect for them." Clinton replied, "Well, that's why I support the president's executive orders on DACA and DAPA. And I will do everything I can to make sure that they are kept in place. As you know, there's a court action challenging them. I don't know what's going to happen now, because of the Supreme Court situation. But I will renew them. I will go further if it's at all legally possible. And I will make this a big political issue because we need to keep those young people working, going to school, being productive members of our society. So I have to tell you, I will do what I can as president. I'm hoping if we win back the Senate and we win the White House again, the Republicans are going to see the error of their ways and quit using immigrants to divide our country and quit taking the kind of mean-spirited actions that they do. You know, I was the first person to call out Donald Trump. I said, 'Basta!' enough of this prejudice and paranoia and the kind of language that he uses. So I will do everything I can not only for the young people who deserve the highest protection, but for their families, as well."[6]
    "Hillary Clinton Speaks On The Future Of DACA," February 19, 2016.
    • At the sixth Democratic presidential debate on February 11, 2016, Clinton discussed President Obama's Immigration Accountability Executive Actions and comprehensive immigration reform. She said, “I strongly support the president's executive actions. I hope the Supreme Court upholds them. I think there is constitutional and legal authority for the president to have done what he did. I am against the raids. I'm against the kind of inhumane treatment that is now being visited upon families, waking them up in the middle of the night, rounding them up. We should be deporting criminals, not hardworking immigrant families who do the very best they can and often are keeping economies going in many places in our country. I'm a strong supporter of comprehensive immigration reform. Have been ever since I was in the Senate. I was one of the original sponsors of the DREAM Act. I voted for comprehensive immigration reform in 2007. Senator Sanders voted against it at that time. Because I think we have to get to comprehensive immigration reform with a path to citizenship. And as president I would expand enormous energy, literally call every member of Congress that I thought I could persuade. Hopefully after the 2016 election, some of the Republicans will come to their senses and realize we are not going to deport 11 or 12 million people in this country. And they will work with me to get comprehensive immigration reform.”[7]
    • During a campaign speech at the National Immigrant Integration Conference in Brooklyn, New York, on December 19, 2015, Clinton noted that her director of Latino outreach, Lorella Praeli, was a DREAMer in order to highlight her stance on DACA and DAPA. Clinton said, "We’ve got to keep pushing Congress to act and we’ve got to keep raising the stakes, so candidates and elected officials know there will be consequences if they do not support comprehensive immigration reform. But having said that, we also can’t wait for the Congress. Too many families’ futures hang in the balance. So you can count on me to defend President Obama's executive actions on DACA and DAPA when I am president."[8]
    • Clinton's campaign website stated that would she "defend DACA and DAPA against partisan attacks and politically motivated lawsuits that would put DREAMers and others at risk of deportation." It also noted that Clinton would "put in place a simple, straightforward, accessible system for parents of DREAMers and others with a history of service and contribution to their communities to be able to make their case and be eligible for deferred action as well."[9]
    • On May 5, 2016, Clinton expressed her support for President Obama's executive actions on expanding DACA and implementing DAPA. She said, “If Congress refuses to act, as President I will do everything possible under the law to go even further. There are more people — like many parents of DREAMers and others with deep ties and contributions to our communities—who deserve a chance to stay. I’ll fight for them too. The law currently allows for sympathetic cases to be reviewed, but right now most of these cases have no way to get a real hearing. Therefore we should put in place a simple, straightforward, and accessible way for parents of DREAMers and others with a history of service and contribution to their communities to make their case and be eligible for the same deferred action as their children.”[10]
    • Washington Post opinion writer Greg Sargent wrote, "Clinton didn’t definitively say that as president she would award what amounts to a quasi-categorical grant of deferred action status to parents of DREAMers. Rather, she said she would seek to improve the process by which parents of DREAMers can apply for existing deferred action status, which (as mentioned above) they can already do."[10]
    • Immigration attorney David Leopold agreed with Sargent's assessment, saying, “All of us walked away from this thinking she is going to expand DACA and DAPA, but it’s not clear she would do that. She didn’t explicitly call for expanding Obama’s current executive actions. She didn’t say, ‘I’m going to expand DAPA to the parents of DREAMers.’ What she did say is there should be a simple process in place by which people who have been here a long time can apply for deferred action. But that wouldn’t mean a categorical grant.”[10]

    Republican candidate

    Republican Party Donald Trump

    caption
    • After the United States Supreme Court blocked President Obama from implementing his Immigration Accountability Executive Actions on June 23, 2016, Donald Trump tweeted: "SC has kept us safe from exec amnesty--for now. But Hillary has pledged to expand it, taking jobs from Hispanic & African-American workers."[13] He also issued the following statement: "Today's 4-4 Supreme Court ruling has blocked one of the most unconstitutional actions ever undertaken by a President. The executive amnesty from President Obama wiped away the immigration rules written by Congress, giving work permits and entitlement benefits to people illegally in the country. This split decision also makes clear what is at stake in November. The election, and the Supreme Court appointments that come with it will decide whether or not we have a border and, hence, a country. Clinton has pledged to expand Obama's executive amnesty, hurting poor African-American and Hispanic workers by giving away their jobs and federal resources to illegal immigrant labor – while making us all less safe. It is time to protect our country and Make America Safe Again and Great Again for everyone."[14]
    • In August 2015, Trump said that he would rescind President Obama's Immigration Accountability Executive Actions, which proposed extending DACA and creating DAPA. During an interview with Chuck Todd, host of NBC's "Meet the Press," Trump said, "We have to make a whole new set of standards. And when people come in, they have to come in..." Todd then interrupted Trump, asking, "You're going to split up families. You're going to deport children." Trump replied, "Chuck — no, no. No, we're going to keep the families together. We have to keep the families together." Todd then asked, "But you're going to kick them out?" Trump replied, "They have to go." Todd then asked, "What if they have no place to go?" Trump said, "We will work with them. They have to go. Chuck, we either have a country or we don't have a country. Either we have a country or not."[15]

    Green candidate

    Green Party Jill Stein

    caption
    • After the United States Supreme Court blocked President Obama from implementing his Immigration Accountability Executive Actions on June 23, 2016, Jill Stein issued the following statement: "Our nation of immigrants needs a just immigration system that won't allow the ruling elite to divide working people. That means halting deportations, passing the DREAM Act, and creating legal status and a path to citizenship for hard-working, law-abiding undocumented immigrants. ... The US government shouldn't be deporting innocent families who are fleeing violence, starvation and persecution in their home countries. Forcing them to return puts them at risk of rape, torture, and death. Many have already had family members murdered or actively threatened with murder." Stein added that "she would seek to reinstate the administrative protections against such deportations and appoint a US Supreme Court Justice that would uphold the constitution and protect the needs of average people," if elected president.[17]
    • After the ruling, Stein also criticized Hillary Clinton in the following tweet: "As SOS Hillary supported the deportation of immigrants. Including refugees coming from Honduras, a crisis she was very much responsible for."[18]

    Libertarian candidate

    Libertarian Party Gary Johnson

    See also: Gary Johnson presidential campaign, 2016/Immigration
    caption
    • When asked about President Obama's Immigration Accountability Executive Actions during the National Association of Latino Elected and Appointed Officials (NALEO) conference on June 23, 2016, Gary Johnson said, “I happen to agree with Obama. ... I think that what Obama has done is what needs to happen, although I would not want to be deporting and breaking up families like has happened. But the executive orders that he has implemented — I agree with. They’re all OK.”[20]

    Withdrawn candidates

    See also

    External links

    Footnotes

    1. Migration Policy Institute, "Deferred Action for Unauthorized Immigrant Parents: Analysis of DAPA's Potential Effects on Families and Children," accessed July 5, 2016
    2. U.S. Citizenship and Immigration Services, "Executive Actions on Immigration," accessed February 2, 2016
    3. U.S. Citizenship and Immigration Services, "Number of I-821D, Consideration of Deferred Action for Childhood Arrivals," accessed February 10, 2016
    4. Twitter, "Hillary Clinton," accessed June 23, 2016
    5. Politico, "Clinton: Supreme Court 'unacceptable' on immigration ruling," accessed June 23, 2016
    6. Real Clear Politics, "Woman Asks Hillary In Spanish: What Will You Do To Make DACA Children Permanent Residents?" accessed April 7, 2016
    7. The Washington Post, "Transcript: The Democratic debate in Milwaukee, annotated," February 11, 2016
    8. HillaryClinton.com, "Remarks on plan to strengthen immigrant families at the National Immigrant Integration Conference in Brooklyn," accessed April 7, 2016
    9. HillaryClinton.com, "Immigration reform," accessed April 7, 2016
    10. 10.0 10.1 10.2 The Washington Post, "What did Hillary really propose on immigration?" accessed April 7, 2016
    11. Democratic Party, "The 2016 Democratic Party Platform," accessed August 23, 2016
    12. 12.0 12.1 12.2 12.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    13. Twitter, "Donald Trump," accessed June 23, 2016
    14. DonaldJTrump.com, "Donald J. Trump Statement on Executive Amnesty Ruling," accessed June 23, 2016
    15. The Washington Post, "Donald Trump says illegal immigrants ‘have to go.’ Only 31 percent of Republicans agree." accessed April 6, 2016
    16. Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
    17. Jill2016.com, "Jill Stein Opposes Supreme Court Ruling on Immigrants," accessed June 23, 2016
    18. Twitter, "Jill Stein," accessed June 23, 2016
    19. Green Party, "The 2016 Green Party Platform on Social Justice," accessed August 23, 2016
    20. The Washington Times, "Gary Johnson: Obama correct on executive action, but many families still getting broken up," accessed June 23, 2016
    21. Libertarian Party, "The 2016 Libertarian Party Platform," accessed August 23, 2016