The DACA- Is Trump Eliminating It or Codifying It?

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This week, Americans are learning another acronym that most had ignored until it became media sensation. The letters DACA stand for Deferred Action for Childhood Arrivals. You can read more about it on Wikipedia, which has some of the history, criticism, etc..  But in basic terms, DACA was an executive order that President Obama enacted in 2012 when the DREAM act failed. Both the DREAM act and DACA aim at providing the children of undocumented immigrants to remain in the U.S. because it has become their home. In other words, the idea is that the children of such immigrants did not do anything wrong, and many (most) of them have become full members of U.S. society, contributing just like other members. Deporting them, according to Obama, would punish them unfairly.

President Trump has announced that he is cancelling the executive action, and this has rightly caused some controversy and confusion. What exactly will happen to the so-called Dreamers (people who were protected by DACA)? Will they be deported after all? Or does Trump really want Congress to pass a law that will ultimately protect them without using the executive order approach that he has often called unconstitutional (in practice, this seems to mean when Obama does it, since he hasn’t really rescinded Bush’s EOs and has made a few himself).

There are certainly some signs that Trump simply wants Congress to provide a permanent solution, which the DACA is not. One reason to be suspicious about this is that Trump has given no concrete path to such legislation. Another is that nothing prevented Congress from creating such a law while DACA was in place. In other words, he didn’t have to remove it in order for such a law to be passed. If anything, removing DACA means that if Congress does not act, then there will be no protection for these young persons.

Why does this matter? Well, there are nearly 800k people who are currently covered by the DACA. The DACA allows them to receive work permits, and almost all of them have jobs. These are not jobs that have been taken from ‘other Americans’ either. Furthermore, in order to keep these permits (and thus their jobs), they must keep a clean record. In other words, they are not criminals. While some might counter that being undocumented is a kind of crime, remember that these are people who were born in America. By law, that should make them Americans. However, since their parents are not documented Americans, they fall into a gray area here.

Still, we should remember that those of us who are Americans by birth have ancestors that weren’t, and that many of our families likely received citizenship basically by being born here. This is not new. What is new is the way that they are being protected in this case. President Trump says that he cares about these Dreamers. But he also campaigned on ending the DACA. This puts him in a tough spot. So tough that many feel that he’s essentially following Democrats here, rather than Republicans.

Whatever his motives, the process is very unclear right now, since there is no direction on how to create legislation. This leaves nearly 800k people facing an uncertain people, and many others are affected by what will happen. If the U.S. suddenly loses 800k employees that will be a huge hole to fill. And it’s not as simple as saying that other Americans can then just have those jobs. The U.S. has a skill labored shortage right now, which is leading to a lot of empty jobs with no one to fill them. So it will not likely provide an equal number of jobs for others. More likely it will simply leave a vacuum in our economy.

One additional piece of information about the process is worth noting. When Jeff Sessions, the Attorney General, made this announcement official, he claimed that it was a correction of the misuse of Presidential authority that Obama had used to create DACA in the first place. He even adds this choice quote:

“Societies where the rule of law is treasured are societies that tend to flourish and succeed. Societies where the rule of law is subject to political whims and personal biases tend to become societies afflicted by corruption, poverty, and human suffering.”

He is correct, of course. However, as the article where I got this quote notes, this is the same person who has fought for a Presidential right to ban Muslims categorically from entering the country. Does this mean that the President has no say on whether people are allowed to remain in the country but has complete power to bar people from entering? That seems like a line that is hard to match with rule of law, which is about following Constitutional authority properly and not making up new rules on the spot. Trump has made up new rules all over the place, and removed existing precedents repeatedly. Personally, I would love to get back to proper separation of powers in the U.S. It’s a critical part of our political system. But having the President force Congress into an action that it doesn’t want to do seems like a pretty big misuse of authority.

On the other hand, if we read this as simply correcting a previous mistake (and forget the ways in which Trump has abused his own authority), then we can try to be generous and see this as an attempt to come up with a better way of dealing with young Americans (yes, Americans) who need more than just a system that allows them to stay but without the full rights of other Americans. If that is the goal of this process, I agree with it. What I don’t agree with is the particular path being taken to reach this goal. It carries too much uncertainty and it certainly smells like an attempt to deport a bunch of people who have done nothing wrong.

Of course, some states are already saying that they will offer sanctuary. In my own state of Ohio, Governor Kasich (a Republican, for those keeping score) has announced that the Dreamers can come here and he will not try to force them to leave the country. However, moving states is not easy, which is why I generally favor a federal solution to a state solution where rights are concerned (perhaps I’ll detail this a bit more in a future article). Many of those affected by DACA live in states like California and Texas, with large populations, both far from Ohio. Relocating your family is difficult, and doing so while under scrutiny of law even more so.

This is complicated by the fact that President Obama collected information from those protected under DACA in order to ensure that they would not be deported. Many worry that this same information might now be used to target people instead, which seems like a reasonable concern. However, if President Trump really does want to protect the Dreamers and is simply pushing Congress to make it an actual law, then they should have nothing to fear. I guess we’ll see soon enough.

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