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Who really broke DACA?

March 5, 2018

Today was supposed to be the last day that Dreamers could enjoy the amnesty from deportation they’ve enjoyed under former President Obama’s executive order that we now call DACA.

That’s leading to the liberal media howling for President Trump to “fix what you broke.”

The courts have and will probably continue to extend that deadline by repeatedly finding, not that the original EO was unconstitutional, but that President Trump’s order to end it is illegal.

So with the pressure off for now, will this ever be fixed?

Let’s assume you don’t live here, as in not in the United States.

Given that even President Obama knew his DACA EO was unconstitutional,  you might ask what exactly has President Trump broken?

A reasonable person might note that the Obama EO was an attempt to push Congress into creating an immigration policy that favored the minor children that DACA addressed. The problem with that is, the order amounts to creating immigration law, a power not given to the President of any party.

That same reasonable person might assume that President Trump was attempting to push the subject back into Congress where the matter rightfully belongs, by imposing an artificial  six-month deadline to set aside the original Obama order.

In both cases, the two Presidents seemingly assumed that their actions would force the responsibility to make laws back onto the shoulders of the people elected to perform that action.

Perhaps naively, both may have assumed some legally defensible legislation might result from their actions.

Both men had other motives underlying the obvious action taken.  Obama wanted nearly unfettered immigration, while President Trump wants more control over the quality as well as the quantity of immigrants.

It has to be noted that both men were also playing to their voter base, but then that, rather than any higher principle, is what’s largely behind all politics.

Still, DACA is essentially a stand-alone issue. It could be settled as such.

It could be, but it probably won’t ever be uncoupled from the immigration issue at large.

That drops it right back into the halls of Congress, where somewhat more than half the members are more interested in resisting the current President than solving any issues, including DACA.

So who’s to blame now, the do-nothing Congress, or the current President?

Like them or hate them, 44 and 45 at least had the courage to make a decision. That’s seems to be a commodity in short supply in Congress.

That point noted, it’s unlikely the President can “fix” that by ordering an infusion of character by executive order or any other means.


From → op-ed

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