President Trump has now made public his plan to end (after a 6-month pause to allow Congress to act) the controversial DACA amnesty for “children” who arrived in the United States illegally. I put children in quotations because though that is the media-preferred term, it is, unsurprisingly, highly deceptive.
Under DACA – the Deferred Action for Childhood Arrivals – anyone under the age of 37 can apply to receive this de-facto amnesty from the U.S. government. Since its implementation in 2012, over three-quarters of a million illegal immigrants have received work permits, a Social Security number, and a driver’s license through the program.
The problems with DACA are numerous but start and end right here: it is a blatantly and flagrantly unconstitutional program. President Obama pushed for DACA in the form of legislation known as the DREAM Act in 2012. Congress rejected the Act. And so in response, President Obama assumed the unconstitutional role of King, and issued his preferred plan as an executive decree. In other words, he took the actual laws on immigration that Congress had passed, refused to enforce them, and instead replaced them with an edict he preferred.
Liberals and media (but I repeat myself) foolishly cheered his undisciplined presidential temper tantrum as some great display of humanitarianism. As it turns out, it is President Obama that has (forgive the term) screwed the Dreamers more than anyone.
First, President Obama’s unconstitutional action set a precedent that presidents can write their own laws if Congress won’t go along with what they want. There’s a reason the Constitution forbids this unilateral, dictatorial law-making and requires a complicated process through which legislation gets imposed on the American people. While leftists may have enjoyed Obama’s dictates, they were always unlikely to similarly enjoy a Republican president who took Obama’s “I have a pen and a phone” attitude towards the law.
Second, in any kind of deportation case against an illegal immigrant, the U.S. government must prove that the immigrant is indeed illegal. As Daily Beast writer Betsy Woodruff has explained, in order to receive Obama’s unconstitutional DACA benefits, illegal immigrants supplied to the government details on how they became “undocumented.” For instance, they admitted to crossing the border illegally, staying after their visa expired, or other violations of the country’s immigration laws.
Many immigration attorneys warned illegal immigrants at the time Obama offered this executive decree that it was unwise to give the U.S. government such information because there was nothing saying that the government couldn’t change its mind later, and then have an open-and-shut deportation case against them.
That is exactly what has happened now for nearly a million illegal immigrants. While leftists inside and outside the media will hammer away at President Trump’s hateful, mean-spirited, family-destroying decision, these inconvenient but inescapable facts will remain:
- Current immigration law demands their deportation and the only way to change that constitutionally is through legislation.
- President Obama unconstitutionally refused to enforce the current law.
- President Obama unconstitutionally dangled an illegal amnesty to these immigrants if they would just arm the government with information needed to deport them.
- President Obama’s illegal executive action was never law and was never sustainable.
- President Trump’s decision to end the unconstitutional amnesty and return law-making back to the legislative branch leaves these immigrants in a desperate situation.
The only way you can fault President Trump for the plight of the immigrant “Dreamers” is if you believe he should continue to wield unconstitutional dictatorial law-making power without the work of Congress. Do liberals really want that power for President Trump? Do any of us really want that for any current or future president?
Of course not. Which means the hardship now faced by Dreamers is the fault of Barack Obama’s reckless actions and the foolish complicity of his sycophant enablers.