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Andrew Harnik / AP

Beyond North Korea, Trump has another "no good options" dilemma this week: his decision, due Tuesday, on whether to terminate DACA — the Obama-era program that temporarily shields from deportation illegal immigrants who came to the U.S. before their 16th birthday.

Unusually for this leaky White House, they've managed to keep the DACA decision-making within an extremely small circle. That said, here's what I've ferreted out, from conversations with senior administration officials over the past 72 hours:

  • The common view within the Trump administration: DACA is not legally defensible. The debate internally has been less about whether to rescind DACA, than about how to do so while mitigating the harm inflicted on the roughly 800,000 people currently protected by the program.
  • What everyone in the White House agrees: It's up to Congress to act if members want to preserve the principles of DACA and protect these illegal immigrants who came to America as children.Trump's advisers know that Congress only acts when there's a crisis. Tuesday's announcement is expected to force such action.Trump is expected to rescind DACA but will likely give Congress a window to act before the effects of the termination are felt.But, there's no chance Congress will pass a bill that gives permanent legal status to any class of individuals without attaching serious enforcement measures to the same bill.

Over the past several weeks, the Trump administration has been weighing three options:

  1. Rescind DACA immediately — meaning the day after the announcement, the roughly 800,000 protected by DACA no longer have protection. The Department of Homeland Security does not view these people as priorities for deportation, but many on DACA are understandably worried because they trusted the government with their personal information to register for the program.
  2. The 0% likelihood option: Trump keeps DACA as is and the administration defends the program in court against the state attorneys general who are threatening to sue unless the administration phases out DACA by Sep. 5.The most likely option: Trump winds down DACA in a manner that limits the impact of the termination on current beneficiaries but allows Congress enough time to find a constitutional and legislative solution for the program, in conjunction with significant commitments for enforcement.

How the debate has played out inside the White House: Kelly hasn't allowed the debate to widely ventilate, which has frustrated some officials, given how politically and morally sensitive this issue is.

  • There are those, like Attorney General Jeff Sessions, who think DACA is illegal and that the principles underpinning it are not worth supporting.
  • There are other, more moderate officials, who support the principles underpinning DACA; and there are still others who don't necessarily support DACA but believe it's not politically viable to instantly kill it.

What Trump is thinking: Sources who've spoken to the president about DACA — even as recently as Friday — are convinced his mind is still not fully made up. I first reported, 10 days ago, that Trump was seriously considering rescinding DACA, but he's publicly grappled with the morality, and explosive politics, of this decision in a way he hasn't with any other since becoming president.

Go deeper

38 mins ago - World

Biden huddles with European allies on Ukraine ahead of Putin call

Putin in the Kremlin. Photo: Grigory Sysoyev/Sputnik via Getty

President Biden will seek to convince Russia's Vladimir Putin in a phone call Tuesday that the price of invading Ukraine would be steeper than anything he's faced in the past.

Driving the news: Biden held a call on Ukraine this evening with the leaders of France, Germany, Italy and the U.K., while Secretary of State Tony Blinken called Ukrainian President Volodymyr Zelensky to offer America's "unwavering support."

Justice Department closes Emmett Till murder probe

A faded photograph is attached to the headstone that marks the gravesite of Emmett Till in Burr Oak Cemetery in Chicago. Photo: Scott Olson via Getty Images

The family of Emmett Till announced Monday that the Department of Justice has formally closed its second investigation into the 1955 murder of Emmett Till.

Why it matters: The DOJ reopened the probe in 2018 after the white woman at the center of the case reportedly recanted her allegation that Till, a Black 14-year-old, sexually harassed her prior to his murder.

GOP Rep. Devin Nunes to retire, will be CEO of Trump media org

Rep. Devin Nunes. Photo: Dylan Hollingsworth/Bloomberg via Getty Images

Rep. Devin Nunes (R-Calif.), who serves as the top Republican on the House Intelligence Committee, will retire at the end of the year and become CEO of Trump's new media organization.

Why it matters: Nunes, once considered a moderate member of the party, became one of the fiercest defenders of former President Donald Trump throughout both of Trump's impeachments and the Intel committee's Russia investigation.

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