Courtesy of Wikimedia
Summary/ Analysis:
DACA, or Deferred Action for Childhood arrivals, is an Obama-era executive order that defers, for two years, deportation of illegal immigrants who were brought across the border as children. The status is renewable and at the same time, provides these immigrants with social security (SSN) numbers so that they can obtain work permits and driver's licenses.
DACA being an executive order* means that it’s not a bill -- it has the force of law but it can be directly issued by the president and bypass congress. Back then, Obama, a democratic president, faced a Republican dominated congress that tended not to favor his policies, so in order to bypass congressional procedure, Obama issued an executive order. Bills are harder to pass; bills require a majority vote in both Senate and House in addition to the president’s approval, but on the flip side, if a bill does get passed, it’s equally hard to repeal a law, (repealing a bill would require the same process as passing a bill).
The executive order is easier for the president to issue, but it can also be just as easily repealed by the next president. When DACA had first been implemented, Republicans argued that the executive order was an overstep of presidential boundaries. The Trump administration decided to end the program on March 5th 2018, but the courts of California, District of Columbia, and New York has blocked the action, claiming that in accordance to the Administrative Procedure Act, which dictates that for the repeal of any substantial program, agencies must publish proposed changes in the Federal Register, give the public a chance to provide feedback, and then give an adequate explanation of why the changes are not “arbitrary” or “capricious.” Court judges found the Department of Homeland Security’s justification inadequate, further arguing that rescinding DACA would negatively affect the hundreds of thousands of people already enrolled in the program.
The Update:
While California and New York federal judges had only ordered the Trump administration to continue renewing existing DACA statuses, DC federal court judge John Bates in early August went a step further and ordered the Trump administration to reopen the program entirely, to start accepting new applicants. Currently, the DACA case is again being heard in Texas by the conservative district judge Andrew Hanen, a judge known as an “immigration hawk” according to Vox. Ten states are presenting arguments that DACA is unconstitutional, but as of now, according to CNN, Hanen said that he would only consider the portion of the case that pertains to ending DACA immediately -- not its constitutionality.
With potentially conflicting rulings, the Supreme Court may have to weigh in; If the case is heard now, there would likely be a 4-4 split along party lines as the Supreme Court is currently down a judge. Trump’s pick, Judge Brett Kavanaugh will begin his Senate hearing/confirmation process on September 4th.
Connection:
Apart from obvious legislative checks and balance connections, DACA is a POLICY adopted by the executive branch during the Obama era that is a part of the larger POLITICS surrounding immigration and his struggles against a Republican dominated congress. While the democrats tend to favor a more empathetic approach, arguing that these immigrants are escaping from horrid environments and that DACA recipients especially, who didn’t have much of a choice in coming to the United States, should receive some sort of special exception, the Republicans embrace the view that the immigration laws in place ought to be followed, we should give job priority to Americans, and that it’s just not feasible to let everyone who wants to come to America do so.
Opinion:
I think this topic is quite interesting and shows the complexity of governmental controversies. I see the arguments on both sides so it’s hard for me to decisively side with one side or another. While I do agree that DACA recipients are here often under no fault of their own, I also think that illegal immigration should be deterred in some form (maybe not remove DACA, but at least strengthen border security) -- I feel like it’s unfair to immigrants further away from America who had to endure the wait and who went through the process legally.
Discussion question:
Since DACA is an executive order, does the Trump administration have the right to repeal DACA? Why or why not? Should they repeal DACA?
Was Obama justified in issuing DACA? Discuss the idea of an executive order.
Sources:
More on deportation:
1 comment:
I have mixed feelings about executive orders. I think the purpose initially was to respond to immediate issues promptly rather than waiting for the House and Senate to vote on legislation (a rather lengthy process). But with strong partisan divides between the executive and legislative branches, I think executive orders have become a way to go around congressional approval as they are immediately enacted until otherwise shot down, which seems rather undemocratic. At the same time, is it better for nothing to get passed?
Post a Comment