Well, the Deferred Action for Childhood Arrivals is the flavor of the week, maybe the month, as Congress has to decide what to do with the nearly 800,000 illegal aliens who benefit from this program. The decision by the Trump White House to end the program has driven liberals insane. He’s merely rescinding an executive order, which is well within his authority. There’s a six-month enforcement delay that will allow Congress to draft a legal and constitutional remedy to Obama’s overreach on this matter. Obama also admitted that DACA was a stopgap measure. In short, the executive action shields illegal aliens who entered the U.S. as minors from deportation if they meet all the requirements (i.e. not having a criminal record). It’s been in legal limbo for years.
Sen. Dianne Feinstein (D-CA) admitted that on Tuesday, that DACA was on shaky legal ground. Law professor Jonathan Turley said that the rescinding of DACA returns the power to make such decisions on immigration to the right branch of government: the legislature.
CNN’s Chris Cuomo interviewed the Department of Justices’ Sarah Isgur Flores Wednesday morning about the proposed changes to DACA, noting that the two outcomes from DACA, due to its unconstitutional nature, were a gradual wind down or a national injunction, which would have hurt people. Cuomo admitted that DACA was “legally dubious” from the get-go, but added that this isn’t a legal issue, but a moral one (via Free Beacon):
"There's no question it's been legally dubious from jump," Cuomo said at the end of their conversation. "Nobody's going to argue with that in a very compelling fashion. At least not this morning, but it's also about what are you going to do for these people. This is a moral argument, not just a legal one."
Cuomo and Isgur Flores went back and forth about the question of what will happen after DACA.
"The question becomes what happened after the orderly wind-down, and that's where we have a big question," Cuomo said.
"I don't think we have a question mark, the Department of Homeland Security has said exactly what will happen," Isgur Flores said. "Unfortunately this was unconstitutional to begin with so when it goes away we will revert back to the system we had before DACA."
"But that creates doubt about where those DEAMers are going to be," Cuomo said. "I think that's probably what motivated the president to say he'll revisit it," before being interrupted by Isgur Flores.
There are mixed signals concerning this area. While the Trump White House says that DACA beneficiaries aren’t priority targets for deportation, ABC News obtained a memo outlining that they should probably pack their bags. An overwhelming majority of Americans, including Trump supporters, want the DREAMers to stay. By letter of the law, these people violated federal immigration law, but there could be some cogent arguments for why they should be granted legal status, but only if we have a robust immigration package that stresses border security. Yet, the Left will overreach and say that this is just another example of white supremacy or something.