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Saturday, July 17, 2021

DACA Finally Gets The Boot -- It's Unconstitutional

 A federal judge in Texas ruled yesterday that the program protecting illegal aliens who were brought here as children is unconsitutional.  The problem is not the content of the program but rather that President Obama simply did it by Executive Order when he clearly did not have the power to do so under the Constitution.  An act of  Congress was required to change the law in this way.

There is no real question that the ruling is correct.  Indeed, Obama himself said on many occasions prior to announcing DACA that he simply did not have the power to put such a program in place.  Obama acknowledged that Congress had to act but then chose to ignore the Constitution and just try to do it himself.  Obama knew that eventually the program would fall, and now it has.

President Trump tried to get Congress to act on this, but the Democrats blocked any compromise to keep the program in place.  Even now, it seems clear that the Dems don't want to compromise.  They are talking about changing the immigration law through reconciliation -- something that is impossible if the Senate Rules are actually followed.

It would be great if the Congress could reach a compromise bill to protect these people.  After all, it is not their fault that they were brought here by there parents years ago.  A simple compromise would continue allowing "dreamers" who have registered to continue to work without fear of deportation (assuming they are not committing other crimes or promoting gang violence.)  It would also allow them to apply for US citizenship which could be obtained after an appropriate waiting period -- something like the wait that legal immigrants have to meet.  They would also have to show that they have paid their taxes on past employment and otherwise complied with the law.  Congress could also make other changes like getting rid of the visa lottery which unfairly penalizes many who have waited patiently and legally for immigrant visas.  It would also be good to limit some of the family ties that allow for green cards to be issued, but that would be up to Congress.

The judges ruling ought to be a call for reason and compromise to prevail.  It won't.  There is just no appetite for compromise in DC.  Even Biden immediately shot down any compromise when he commented on the court's ruling.  It's too bad we have a president who only says he wants compromise but NEVER, NEVER means it.

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