President Donald Trump’s decision to end former President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) program is a bold defense of the Constitution, the rule of law, and it puts America First.
Regrettably, Obama chose to give these DACA participants the hope that they could gain lawful US residency by violating our nation’s immigration laws. Obama should be condemned for creating this unlawful, unconstitutional program that under a correct application of the law could never be more than a dream.
In June of 2012, Obama stood in the Rose Garden on the 30th anniversary of the US Supreme Court decision, Plyler v. Doe, which compelled already overburdened taxpayers to pay for the education of foreign-born children who come into the US illegally and occupy seats beside American children in our overcrowded public schools.
There, Obama announced his DACA program to further benefit certain foreign born "children" living unlawfully in the US by affording them temporary relief from deportation among other benefits.
Through DACA, illegal aliens who meet certain criteria, such as having come to the US illegally before the age of 16, managing not to be convicted of a felony or at least a significant misdemeanor, and either attending school or having achieved a high school degree or GED, are eligible to stay in the US for another two years, which is renewable, notwithstanding their ongoing violation of US immigration law.
Despite President Trump’s reassurances, Immigration and Customs Enforcement (ICE) agents have deported several "DREAMers," individuals who were protected under the Deferred Action for Childhood Arrivals (DACA) program.
Successful DACA applicants are given authorization to work and Social Security cards. Their presence in the United States is deemed legal.
Obama formulated DACA because the Congress refused to pass the Development, Relief, and Education for Alien Minors Act – the DREAM Act. Participants of DACA are often referred to glowingly by the media as "Dreamers."
But these Dreamers are often mistakenly referred to as children or minors; over sixty-four percent of them are over the age of 18 and their average age is approximately 25. The DREAM Act would make DACA permanent and provide permanent residency to these adult illegal aliens.
The Obama administration created the ‘Dreamers’ program in 2012 as a stopgap as it pushed unsuccessfully for a broader immigration overhaul in Congress
Many objected to Obama’s DACA policy because a faithful application of the law requires the President to deport Dreamers, not provide them with de facto amnesty. And, "prosecutorial discretion" cannot be used to re-write law and create a new immigration status.
Nevertheless, after the American people roundly rejected Obama’s DREAM Act and his Democrat Party suffered a major drubbing in the 2014 midterm Congressional elections, Obama carried out his threat to use his "phone and pen" to rewrite the law yet again.
In November 2014, Obama declared he was eliminating the upper age limit for applicants, thus revealing DACA was never intended to benefit only "children," and expanding the length of the program from 2 to 3 years. Expanded DACA would permit an additional 300,000 illegals to stay and work in America.
Obama then announced his boldest plan yet, the Deferred Action for Parents of Americans or Lawful Permanent Residents (DAPA), to exempt from deportation and provide residency, work authorization and Social Security cards to over 3.5 million more adult illegal aliens.
Texas and 25 other states filed suit against the Obama Administration claiming these new policies violate the separation of power doctrine, the "Take Care" clause of the Constitution compelling the President to "take care that the laws be faithfully executed" and the Administrative Procedures Act because they are capricious, arbitrary and not in accordance with our immigration laws.
A federal district court agreed with the states and granted their request for an injunction; its order was upheld by the 5th Circuit Court of Appeals and the US Supreme Court.
When Trump took office in January he inherited Obama’s unconstitutional executive amnesty programs.
Trump rescinded DAPA, but vacillated on DACA. So, nine state attorneys general threatened to sue if the President did not end DACA by September 5th.
Trump has now rescinded DACA on the grounds it is unconstitutional. The media, the Democratic Party, establishment Republicans, Wall Street and Silicon Valley have condemned the President for doing so.
Democrats are now faced with the loss of hundreds of thousands of potential new voters and Wall Street and Silicon Valley with the loss of these foreign workers.
Mark Zuckerberg, the founder of Facebook, has lamented the president’s decision. Yet a report he commissioned a report revealing that DACA participants have taken 700,000 jobs that could otherwise have gone to Americans.
Trump has declared he "loves the Dreamers." We all love the Dreamers. But, why can’t we love the Dreamers in Mexico or the other countries from which they hail?
Why can’t the Dreamers return to their homeland and use their U.S.-taxpayer provided educations to make their countries great again?
Their homeland is mired in poverty, debt and corruption – much like America is today – and is in desperate need for their proud sons and daughters to return and build a better future there.
But, this will all have been for naught.
The Dreamers will not be deported. The law will yield to political correctness. Trump does not want to be labeled a racist.
And, on behalf of their corporate benefactors, Congress will find a way to keep the steady source of foreigners willing to work for lower wages than Americans. A deal will be done.
The Dreamers can keep dreaming here in America. And what of the American dreamers who would like to work those jobs?
Non-dreaming foreigners who wish to immigrate to America lawfully? Get back in line.