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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."
Yes, this Congress seems capable of doing nothing even though the GoP has control of both houses.
Well, there's spam egg sausage and spam, that's not got much spam in it.
I keep hearing from Session and others "this was unconstitutional". Well then if it was, which amendment or part of the constitution did it break ? No seriously, since you seem to hold the same argument , maybe you can tell us ?
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Unfortunately, even the people who drafted DACA admit that Trump's in a bind here because the order is unconstitutional.
10 state sttorneys general gave Trump a September 5 deadline for ending DACA or they would sue to get it overturned. This same group had DAPA (the parental version) thrown out due to unconstitutionality and the argument against DACA is essentially identical. They would win in court, barring a reversal by the Supreme Court. The SC split 4-4 on DAPA, so the Appeals Court 2-1 against is the law of the land and no one expects that Gorsuch would find DACA constitutional.
Any dispassionate look at DACA sees that it's plainly unconstitutional. Unlike orders that deferred or gave a low priority to enforcement of immigration laws, DACA actually grants (temporary) legal status with no legal basis. Any attempt to find otherwise is really ends-oriented. Plenty of that sort of thing on both sides - but this would be really bad precedent.
The truly sad thing is that the "Dreamers" have supporters on both sides of the aisle - Republicans are pretty sympathetic to their plight as well. But, like anything, politics gets in the way - Democrats want a "clean" Dreamer bill while Republicans want something in return (either wall funding or mandatory e-Verify). Neither side is budging much at the moment (there are a few bipartisan bills out there, but each of the main conferences are waiting).
I don't tend to expect much from Trump (other than crazy uncle-style Tweeting at all hours) but even he seems to want to do something for the Dreamers. Hopefully, a deal can get done soon.
The president has to power to enforce or not enforce a law. DACA could be considered an executive action to not enforce an immigration law.
Obama had a decent (not perfect) track record of not crossing the line of Constitutionally but he did have to walk it, because of a congress who would refuse to do anything.
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
Why do people keep saying he is the most powerful man in the world then?
Because he controls the military and has broad authority do so without the consent of congress.
Some people like to conflate that broad authority to other legal or government matters which is very wrong.
On the other hand, this shows el Presidente Tweetie has no heart. Otherwise, he'd work with Congress to get a properly authorized program. In my estimation, he wants to get rid of DACA as reward to his loyal customers...errr...base. On the other hand, he's absolutely against having to take responsibility for a decision that could end up causing widespread angst. What to do, what to do? So he punts to Congress knowing full well those idiots will never agree to get a new DACA in place, and then can blame them for his decision to get rid of it. Classic politics by an unclassy guy.
Unless Trump actually enforces 800,000+ deportations he is not following the law either. Just trying to expand a massive underclass of undocumented workers.
You are right. But it is even worse than that, actually. Because of vagueness of the Constitution, certain wide-ranging and life-altering laws have passed without proper consent of the governed.
And I'm not just talking about Obamacare... Things like military draft, "civil rights", drug prohibitions, "war on poverty", "assault weapons" ban should all have been done (or not done) as Constitutional Amendments — not mere federal laws.
Alcohol-prohibition may have been a bad idea, but we all decided to attempt it — and then reversed the decision. There is no reason, ban on marijuana and other drugs shouldn't have been implemented (or not) through the same mechanism.
The minute details of enforcement/implementation could've been left to Congress, but the general intent — like do we want mandatory conscription at all, or should we limit the breadth of the Second Amendment — should've been decided by the entire nation.
As things stand, Congress supplants the nation the same way President supplants Congress... The decision-making needs to be pushed back a notch.
In Soviet Washington the swamp drains you.
Fuck'em...its not our problem.
If their country sucks so badly....they should fix it there, rather than come here, get mad at our country's culture and protest, waving the flags of their country of origin at the damned rallies.
And now we're finally at the real motivation. Despite all the high minded rhetoric about separation of powers and executive overreach, here's the reason.
I eagerly await your demand that no Irish flags be flown on St. Patrick's day. Somehow, I don't think it will be coming.