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IMMIGRATION SEPTEMBER 02, 2022 | The Indian Eye 41

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revenue over the next ten years. Unfortu- Cyrus Mehta, Yes He Can: A Reply to of certain aliens for a limited period in initiating any criminal or other enforce-
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nately, notwithstanding the benefits of the Professors Delahunty and Yoo, provided the interest of ordering enforcement pri- ment action at any time.
DACA program to the US, the reliance an impassioned defense of DACA. The orities in light of limitations on available While it is hoped that the court will
interest doctrine may not be relevant if arguments we made then are still relevant resources, taking into account humani- uphold DACA, DACA recipients deserve
the Court rules that DACA was not au- notwithstanding Judge Hanen’s decision tarian considerations and administrative better than the uncertainty of renewing
thorized under the INA. that found DACA to be unlawful. The convenience. It furthers the administrabil- DACA along with work authorizations
In any case, the new final rule is a court reviewing Judge Hanen’s decision ity of the complex immigration system by every two years, and urgently need Con-
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good step forward and will give the pro- need look no further than the newly pro- permitting the Secretary to focus enforce- gress to regularize their status and place
gram firmer legal footing. Unless the mulgated provision at 8 CFR §236.21(c) ment on high priority targets. This tempo- them on a pathway to citizenship.
Supreme Court rules that DACA is not (1) which sums up why DACA is lawful: rary forbearance from removal does not (This blog is for informational
authorized under the INA, the final rule Deferred action is an exercise of the confer any right or entitlement to remain purposes and should not be viewed as a sub-
would render it very difficult, if not im- Secretary’s broad authority to establish in or reenter the United States. A grant stitute for legal advice).
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possible, for a future administration not national immigration and enforcement of deferred action under this section does *Kaitlyn Box graduated with a JD from Penn
friendly towards immigrants to rescind priorities under 6 U.S.C. 205(5) and sec- not preclude DHS from commencing re- State Law in 2020, and is an Associate at
DACA. It is hoped that the judges in the tion 103 of the Act. It is a form of enforce- moval proceedings at any time or prohibit Cyrus D. Mehta & Partners PLLC.
Fifth Circuit, and if not the Fifth Circuit, ment discretion not to pursue the removal DHS or any other Federal agency from
the Supreme Court removes any ideologi- _________________________________________________________________________________________________________
cal lens and is able to see DACA as being Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
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lawful and authorized under the INA. If
prior rulings have indicated that the gov- Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
ernment can exercise prosecutorial discre- mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
tion on a case by case basis, there is not Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
much difference if the government exer- of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
cises prosecutorial discretion in an orderly Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
way through the DACA rule. The truth is Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
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that deferred action is neither recent nor
revolutionary. Widows of US citizens have on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
been granted this benefit. Battered immi- Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
grants have sought and obtained refuge and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
there. Never has the size of a vulnerable immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
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population been a valid reason to say no. the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
A prior 2012 blog by Gary Endelman and in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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