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The Trump Administration Has Announced the End of DACA -- Unless Congress Can Act To Save It (recode.net)
The Trump administration said on Tuesday it plans to scrap a program that allows about 800,000 undocumented immigrants who came to the US as children to stay and work in the country, shrugging off criticism from within the president's own party and prominent business figures. From a report: The Trump administration is essentially leaving Congress a six-month window of time to try to save it. The legal shield is known as Deferred Action for Childhood Arrivals, or DACA, and since its enactment in 2012, it has allowed roughly 800,000 undocumented young adults to live in the United States and obtain work authorizations every two years. [...] In practice, implementation is complicated. Those previously approved under DACA, with the permission to work in the United States, can continue to work without interruption until those approvals expire. And those who have already applied for protection or are seeking renewals will still have their applications considered by the U.S. government. For those whose permits are set to expire before March 5, 2018, though, the U.S. government will also allow them to renew their DACA status -- provided their applications are received before Oct. 5, 2017. Currently, there are about 201,000 young adults whose authorizations are set to expire this year, officials at the Department of Homeland Security explained Tuesday.
Tech giants like Apple, Facebook and Google are no doubt going to blast the Trump administration's decision: Last week, those executives joined more than 400 other business leaders in calling on the president to preserve DACA. Apple CEO Tim Cook, who previously (and privately) pressed Trump on the issue, said on Sunday that 250 of his "co-workers" would be affected by the change. Microsoft indicated that about 27 workers spanning fields like finance and sales would be hurt from Trump's move. Zuckerberg said, "This is a sad day for our country. The decision to end DACA is not just wrong. It is particularly cruel to offer young people the American Dream, encourage them to come out of the shadows and trust our government, and then punish them for it."
Tech giants like Apple, Facebook and Google are no doubt going to blast the Trump administration's decision: Last week, those executives joined more than 400 other business leaders in calling on the president to preserve DACA. Apple CEO Tim Cook, who previously (and privately) pressed Trump on the issue, said on Sunday that 250 of his "co-workers" would be affected by the change. Microsoft indicated that about 27 workers spanning fields like finance and sales would be hurt from Trump's move. Zuckerberg said, "This is a sad day for our country. The decision to end DACA is not just wrong. It is particularly cruel to offer young people the American Dream, encourage them to come out of the shadows and trust our government, and then punish them for it."
Funny how American companies not being able to find enough affordable workers is a 'global problem', yet people not being able to find clean drinking water, enough food to eat, and/or safety from violence and corrupt governments is a 'them' problem.
Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
and they'll get slaughtered in their primaries if they come to DACA's defense. It's the same problem they had with Obamacare but worse since in that case they could at least try to repeal it.
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Pesky pen and phone isn't exactly the same as actually passing a law, eh?
And we won't even talk about the blatant constitutional issues around a pResident implementing a policy that ignores established law.
It sounds like DACA was just a regulatory statement from the previous head of the executive branch. If so, it seems the current president can kill it, and is being extra-nice by at least offering a grace period.
If you want things with the force of law, well then, pass LAWS, right?
... since this was enacted by Administrative decree, and they sat on their ass about it the whole time. And now they want to "do something" to prove their relevance? Yeah ... no.
I don't think you understand the point of separate governments between the state and federal if you think the position is "federal == bad && state == good". Hint, power corrupts which causes tyranny. People are closer to state governments and are better able to change it so any tyranny will be short lived as the people vote it out. The federal government on the other hand, by it's nature represents a diverse set of ideas and politics and compromise is very hard. That means federal tyranny is harder to undo.
In addition, the role of the federal government should only deal with matters that deal with the states as a whole not the individual citizens. However, the state government will be closer to the citizens so should handle the more direct laws affecting the citizens.
Your straw-man is a tired and overused trope.
Precisely!!
I"m guessing from your post, you're not a US citizen....but yes, the President is supposed to be a somewhat weak office within the triumvirate that is the US Federal government (executive, legislative, judicial).
The say he is the most powerful man in the word, in on respect, because his *is* commander in chief of all the US armed forces. This is to keep a civilian in charge of the military, and ensure that no one person keeps that power for too long.
But yes, when you wield what is pretty much the most powerful armed forces i the world, you are often thought of as the most powerful person in the world.
But in the US, the constitution was set up to ensure that ALL power was not in one place, to prevent a dictatorship, etc.
Those old guys in powered wigs in the 1700's actually were pretty bright, and its sad so many today in the youth seem to be set on breaking down the very things that mad the US a great nation to date.
As the saying goes..."Yeah, it sucks here, but it sucks a lot less than everywhere else in the world."
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
There are basically no more 'skilled trade' jobs near the Mexican border. They aren't actually very skilled, but they work cheap. Which isn't to say the average American 'skilled tradesman' is particularly skilled.
Megra could fill their deportation pipelines easily by raiding construction sites. They don't, basically never, filing complaints is futile. Construction workers don't bother, for 20 years now.
In Europe (Germany to be specific) the fines for employing someone without work papers is five figures/illegal, first offence. Plus constant checks for subsequent years. That's what we need, the wall is unnecessary.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
DACA wasn't law. It was "policy".
You know, the same way there is a law against speeding, and then a myriad of policy that goes into enforcing it. Where I live the law says speeding is exceeding the posted speed limit. In practice, the usual policy is not to stop anyone within 10km/h. And in practice the police only selectively enforce it -- high traffic areas, accident prone areas, some might point cynically at areas where the limit is set to low as 'revenue generating' areas. (I KNOW this is a real issue in some areas, im less convinced it is a significant motivation locally.) Meanwhile, in practice the police are mostly enforcing the cellphone ban, because that is what they have been directed to focus on that. So speed traps are rare right now, but cell phone traps are all over the place. They'll still bust you for speeding if you are obvious / dangerious / etc but that's not what they're looking for.
DACA was kind of the same thing... basically it was policy directing immigration to be lenient in specific cases (like not enofrcing a speedlimit if you are 1km/h over -- even though the law says that is illegal) and directing officers not to bother even looking for those cases, and to focus on something else instead.
THAT is well within the purview of the executive branch of government. Enforcment policy, and enforcement priorities is WELL within the purview of the government.
Did DACA overstep the bounds of policy into creating new law? Maybe. Maybe not. Probably not, given that it has survived plenty of constitutional challenges already... e..g http://www.ca5.uscourts.gov/op...
Personally, think DACA should be ended in favor of real legislation that does what DACA does. However that is not what the Trump administration is doing. They're just ending the policy because they want to, not because of any constitutionality. And that's fine, that's the new administrations prerogative; I don't agree with it... but the Trump administration has the same authority to set policy as Obama did.
So he's basically admitted that Apple has hired illegal aliens. (Or if you prefer, non-citizens without proper work authorization documents.) That's a violation of Federal law punishable by fines and imprisonment.
The DACA wasn't a law. It was just the Obama administration saying they wouldn't prosecute for violations of the actual law which mandates fines for hiring non-citizens without Federal work permits. The law is still there, and Cook has now admitted in public that his company is knowingly in violation of it. If he'd kept his mouth shut and only expressed an opinion, he could've feigned ignorance and kept the affected workers in Apple's payroll. But because he tried to publicly use their plight as leverage, he's now put himself into a position where Apple has to fire them or face fines and imprisonment.
Well, I think it is still the law of the land that if you are caught and found to be here illegally, then you are to be deported.
Pretty simple actually.
It's simple in a pithy statement on Slashdot. However actually implementing it is not.
Congress did not want to bother figuring out implementation details, so Congress did what they have done for more than 80 years. Pass a law giving an extremely vague goal, and authorize the Executive branch to figure out the details.
So basically everybody is getting upset with Doland Trump for ending DACA, but that's not what he's doing. He's saying, "Congress, DO YOUR JOB!" Obama's executive action was unconstitutional. 'Repealing" DACA is completely legal.
"Politicians always tell the truth, when they're calling each other liars."
Neither party wants to stop illegals.
Which is one of the things that got _Trump_ elected.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
We're talking primarily Mexico right now...
*facepalm*
No, no we're not. We're talking about Mexico, all of Central America, and much of South America. And also Canada, India, China, the Philippines, Malaysia, Bangladesh, Afghanistan, Iraq, and lots and lots of other countries.
Again, pretending this issue fits on a bumper sticker is why we are in this mess and why Congress has spent decades abdicating its power to the Executive branch.
And when exactly did our treaties change with them on deporting back to them?
The treaties didn't. You being unaware of the relevant treaties did. And treaties are only one small aspect of the foreign relations involved in deporting people.
For example, we are not allowed to leave someone "stateless". If we want to deport someone to Honduras, and Honduras says "Nuh uh! Not ours!", we are not allowed to deport them thanks to a lengthy list of treaties and agreements. Instead, we are required to give this person something functionally equivalent to a green card.
As another example, we are not allowed to deport someone to a country where they will be shot by death squads. We have to treat them as refugees. We frequently ignore this because people pretend it's only about Mexico, resulting in us shipping people off to die.
That was the theory. In reality, since the late 1800s it became easier for trusts, megacorps, and billionaires to buy overwhelming influence in state governments. So in the Progressive era, people started looking to the feds to protect them from that corruption.
But as the rich got richer, they just bought out the federal government too.
In a society suffering from an L curve as severe as ours, the balance of state and federal power doesn't matter. It's all the Golden Rule: he who has the gold, makes the rules.
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You cannot wash away blood with blood
It was more of a "We're not going to enforce the law under this narrow set of circumstances, which we can justify because aside from anything else we don't have the power to fully enforce the law against everyone, and we have quite a bit of discretion."
One note: part of the reason why there's no law explicitly protecting Dreamers is that Congress is completely dysfunctional, and while there was a majority (inside Congress and with the public in general) in favor of, say, what Marco Rubio was trying to do, there was no practical way to get it passed. There's talk of another attempt to do so, but tying it to something utterly poisonous to Democrats (say, Wall funding), which will again ensure it's sunk.
Trump is but one horrible character in a cast of Washington's worst. If you want to get this fixed, it's probably time to lobby Congress, but don't expect anything to actually happen.
You are not alone. This is not normal. None of this is normal.
The Executive Branch is allowed to execute Congress's laws as they see fit. The Obama Administration gave guidance on how the deportation of undocumented immigrants was supposed to work. That's DACA. Completely constitutional.
Not quite. Yes, the Executive Branch is the enforcer and executor of the Laws passed by Congress. Guidance (e.g Executive Orders, Regulations, etc) are required to be within the written (Statutory) laws.
DACA was an Executive Order from Obama, however, it contradicts the written laws passed by Congress. DACA explicitly prevents portions of the government from doing their job according to the written law passed by Congress.
Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)