Are the “Dreamers” affected by DACA pointing the finger at the wrong person?

There’s a lot of people complaining about President Trump’s actions in rescinding the Obama era DACA (Deferred Action for Childhood Arrivals) executive order.

But have they gone past the soundbites on the news, and explored the problems with the act? Because if he’s doing anything, Trump is actually walking back what was viewed as an unconstitutional exercise of executive branch power over what should have been solely the Congress’ domain.

And he’s not the only one who thinks it was illegal:

The most obvious problem with DACA is that it is illegal. By unilaterally issuing work permits and deportation relief to a large class of illegal immigrants, President Obama effectively rewrote immigration law. Take it from a knowledgeable source:

With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed. . . . The executive branch’s job is to enforce and implement those laws. . . . There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.

That statement comes from President Obama himself, one year before he reversed course and instituted DACA. His new justification was that the executive branch would merely be exercising “prosecutorial discretion” in whom it chooses to deport, but — as Obama himself had said — there must be limits to such discretion.

Imagine that President Trump becomes frustrated that Congress will not lower the corporate income tax. In response to congressional inaction, could Trump simply announce that the IRS will no longer punish corporations for tax evasion?

Read that here.

Unfortunately, the people affected – “Dreamers”  – are the ones caught between a rock and a hard place after being used as a pawn in the Obama administration’s abuse of executive order.

It’s not like we can easily deport people to a country they’ve never really known, and it remains to be seen if we should. Which is why Congress needs to come up with a solution to the mess created by the Obama administration’s abuse of authority. Because we’re a nation of laws, not whim.

And it might just serve as an abject lesson as to why they should never permit such an abuse of power by the executive branch ever again.

11 Replies to “Are the “Dreamers” affected by DACA pointing the finger at the wrong person?”

  1. KM

    No problems with sending illegal aliens back to their country of origin, especially the ones that then continue to break the law: identity theft, murder, robbery, tax evasion, drinking and driving, entitlement program abuse, on and on we could go. Bjorkman mentions prison population growth, well I wonder who a large portion of that population consists of…hmmm?

    Congress needs to get it in gear: Repeal ACA, Build the Wall, Defund PlannedParenthood…

    Reply
  2. Emoluments Clause

    ”​If Congress doesn’t want to do the job they were elected to do, then maybe they should get out of way​ and let someone else do it​,” is what Trump’s press secretary, Huckabee-Sanders said yesterday after AG Sessions announced the end of DACA. So if Obama’s solvency on this matter is unconstitutional, then how could Trump’s possible solvency not be too. Yet, the Trump administration and this blog piece suggest that Obama acted unconstitutional….(?)

    Reply
    1. Anonymous

      I’m not sure what you mean by the word “solvency”. Dictionary.com gives the definition as “solvent condition; ability to pay all just debts”. There is no way Obama will ever be able to pay his debts to this country, the damage runs too deep. Regarding Trump: if I’m interpreting your post correctly, I think that Trump is doing what is reasonable by sending it to Congress to address the issue constitutionally, something Obama claimed was a roadblock to him but which he ended up lying about (which is his modus operandi).

      Obama did act unconstitutionally according to the actual Constitution and his interpretation (you know he’s just about the smartest guy in the world, just ask him) thereof. However, when it came time to make political hay and make sure he got a second term he didn’t bat an eye at being a liar and subverting the Constitution he swore to uphold (see, he was lying even at his swearing in ceremony).

      Now it is up to Paul Ryan and Mitch McConnell to actually try to be leaders and get something done; however, they will probably just try to use this as another way to attack Trump, as is their wont.

      Reply
      1. Emoluments Clause

        Why don’t you just face it. Huckebee-Sanders comments indicted the Trump administration’s own position on DACA….. A WH press secretary is suppose to be a spokesperson for the WH and not an advocate of their own policy positions….

        Reply
  3. Troy Jones

    EC,

    The simplistic and easy was to just by-pass Congress, pretend we don’t have a balance of power in our government whereby input from Congress is called for in the Constitution, hope the courts don’t intervene by putting politics about the rule of law, and care not whether people have confidence in their government or not.

    Or you could put Congress on notice: if you continue not to do your job, I’ll engage for our defeat in the next election.

    I know for those who relied on the simple and easy with Obama, seeing there is a different path is hard.

    Reply
    1. Emoluments Clause

      But Obama did try to work with Congress on this issue and other issues too, but McConnell did everything possible to try to make Obama an one termer by not working with him…. Obama’s executive orders were a byproduct of partisan self-centered immaturity by the likes of Congressional Republicans…

      Reply
  4. Troy Jones

    EC,

    That is so factually incorrect it is laughable (to state it kindly). Unlike the GOP who said they’d compromise on immigration matters (the Presidential campaigns of Bush, Rubio, Graham, and Perry all blew up because they offered to be part of the compromise), Obama said “my way or no way.”

    The GOP wanted border security. Obama wanted DACA etc.

    Since Obama wouldn’t do anything to move on border security, the GOP said no on DACA, etc. We could have had it all. What you want and what we want. Now there is nothing and Obama is 100% responsible. Be just once intellectually honest. For the record, in this issue, I do not hold a traditional GOP position. There are times I’ve strongly disagreed with Obama and attributed it to philosophy differences. His action here was among the most offensive to me. It was dishonest and cynical and dictator-like. Trump just restored proper balance to give the system a chance which the Dictator didn’t.

    The vast majority of Americans want comprehensive immigration reform and Obama intentionally too unilateral action to doom it. Period. The cynicism of this entire focus on the heartstrings is appalling and wholly disgusting.

    Reply
    1. Emoluments Clause

      It’s not laughable because I noticed you mentioned the names of many Republican Senators, but where is McConnell’s name? That is the one which matters…

      As far as border security, prior to Trump, more illegal immigrants were deported under Obama, than Bush43, or Clinton.

      And when are you going to stop defending Trump? Seriously, Obama is a dictator relative to Trump?….. What? Which of these two men wanted tanks to be a part of this inauguration parade? Which of these two men refers to the Joint Chiefs of Staff as “his generals?”

      As far as comprehensive immigration reform, why can’t it be done without ending DACA within six months?….. Oh, wait a minute, I know the answer to that question. It is because the “Do Nothing” Republican Congress can’t get anything done of substance and with that final note, that might be Trump’s best affirmative defense to what he did with DACA. But that also means there will be no replacement for DACA, and rather just a horrific and pending deportation mess, which removes good workers and participants of our economy from our soil…..

      Reply
  5. MC

    Wow! It is totally amazing what is happening when people are not told the entire story. Yes, I am referring to rescinding of DACA (Deferred Action for Childhood Arrivals) executive order. Some people are being told that Jack booted government agents will round them up in the middle of the night, and send them CIA black site prisons, never to be heard from again.

    Given how some of governments around the world operate, I can see how this would be a real concern.

    However, you have to look at the entire announcement; we are not going to be going to be rounding up people and shipping them anywhere. This is taking an unconstitutional executive order, and walking it back to the congress. For the next six months, nothing will change. Congress has that long to come up with a bill to address this issue. No one is talking about congress working toward a solution. The media is doing all they can to gin up converstery, to help their bottom line.

    The Dreamers are just one very small part of the entire issue. There is so much more that needs to be done:

    1). Secure our borders and ports. Build the wall, dig a trench, erect a fence, use drones, cameras, manned towers, whatever it takes to stop the flow of people from crossing the border illegally. It won’t stop them all, however it is good start.

    2). We need a visa tracking system. From what I can find the Department of Homeland Security, 739,450ish people overstayed their visas to become illegal immigrants in 2016, maybe. We have no idea because we don’t have accurate numbers.

    3). We need to find a way to deal with the 11,000,000 or so illegal immigrants that are here already. No, they don’t get citizenship, we tried that before and it didn’t work. If they broke the law, they should be gone. If they are serving in the military, attending school, or otherwise supporting themselves set up some kind of program to allow them to stay. They don’t get any benefits, or be allowed to vote.

    DACA was serious presidential overreach. It caused more problems than it helped. This was the right move. Now congress has to step up.

    Reply
    1. Emoluments Clause

      But will they “step up.” Why do you think Trump has defaulted to the Democrats on the debt ceiling?…. My guess in six months there will be no DACA and no immigration bill…. Unless it becomes Trump and the Democrats again (Hey, wasn’t that a group from the 50s?… ‘Trump and the Democrats?’)

      Reply
      1. MC

        Congress can move with amazing speed when properly motivated.

        If we want an immigration bill, we the people need to put pressure on congress. We need to contact out senators and our congresswoman. Not form letters, not someone else’s word. But your words, and your thoughts.

        Reply

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