posted on Oct, 19 2018 @ 08:29 AM
We're well into the season where wild headlines are an expected attribute to any thread, so... my turn.
But that title is not just extremist... it is also fact. The subject of DACA has faded from the public eye for the last while, but it still exists.
And everything I have been warning about is coming to pass. Follow me here:
DACA was an Executive Order signed by President Obama that gave exception to deportation to certain illegal immigrants based on the idea that they
came here as children and thus did not have a say in their legal status and had little to no memory of living anywhere else. In essence, they are
Americans, if by reality rather than legality. The law as passed by Congress, however, states that illegal immigrants must be deported if they do not
qualify for a legal remedy such as asylum. While a President has Constitutional authority to issue Executive Orders to fulfill the laws passed, the
President does not have Constitutional authority to issue an Executive Order that contradicts the law as passed by Congress.
DACA directly contradicts the law as passed by Congress.
After Trump was elected, he issued an Executive Order ending DACA, in response to a lawsuit that was, in my opinion ad the opinion of many legal
scholars, poised to strike down DACA and force him to to deport the DACA recipients. As he did so, Trump also deferred the Executive Order for six
months to give Congress some time to pass a legal exemption... in other words, to codify DACA. This meant Trump was still not required by law to
deport DACA recipients for those six months. However, in typical fashion, Congress refused to codify DACA. As the deadline approached, a Federal judge
struck down the Executive Order terminating DACA, leaving the whole mess in limbo. That injunction is working it's way through the court system. It
cannot stand, because to allow it to stand would drastically shift Executive authority to the courts, substantially changing the very basis of the
American system of governance.
We now have a Constitutionalist majority on the Supreme Court, which means it is likely that, once they hear the case, they will strike down DACA as
unconstitutional. If DACA is so declared, the Executive Branch will have no choice but to immediately deport all DACA residents that they can find.
That's where the problem comes in. As a part of signing up for DACA in the first place, these poor souls voluntarily gave their addresses! There is
no way they can hide now. Every DACA recipient is one court decision away from being deported from the life they are familiar with into a country they
have never known. The only solution that will pass Constitutional muster is for Congress to codify DACA into law. That would establish DACA
Constitutionally and a case could even be made that once that law was passed, it would be considered cruel and unusual to rescind it for present
participants. In other words, it would be a guarantee to every DACA recipient that they could retain their protection from deportation no matter what
So why hasn't Congress acted?
The soul of politics is compromise. Trump has expressed a wilingness to sign a DACA bill into law, on the condition that he gets the wall built and he
gets concessions on two contentious immigration policies: the "immigration lottery" and "chain migration." Both Democrats and Republicans in
Congress have expressed a willingness to codify DACA. The holdup has been that such a law would require a 60-vote majority to invoke cloture in the
Senate, and the Democrats oppose any of Trump's compromises. So the Republicans have not been able to get a DACA bill passed by the Senate that Trump
would sign into law. At the height of Republican control, only 8 Democrats were needed out of the 48... that's 1 in 6. Not even that 17% of Democrats
were willing to give a little on immigration policy to protect the DACA recipients.
So here we are at the mid-terms, with present outlooks indicating a flip in the House to Democratic majority and a very slight pickup in the Senate
for Republicans. So what does that do for DACA?
It means less Democrats are needed for cloture in the Senate, but it also means there is no chance in hell that a DACA bill that can become law will
ever be passed by the House. Without House approval, DACA is dead. It will be two more years before voters have a chance to change the makeup of the
House, and it is more than likely that DACA will reach the Supreme Court before that. As soon as DACA is struck down, the deportations must begin...
and there is nothing Trump or the lower courts can do to stop it. Only Congress can make law.
So yeah, the title may be somewhat "muddy" (this is why it is in the Political Mud Pit forum), but it is accurate. While we may well see cheering
among the far left when (and if) they take control of the House, including cheering from those under DACA protection, the sad truth is that they are
cheering for the deportation of the only group of illegal immigrants who have a common sense claim to stay.
I don't want to see that happen. I support codifying DACA. I feel for these people caught in a legal loophole. Unfortunately, it seems I am somewhat