Understanding the DACA Punt
Attorney General Jeff Sessions announced that the Trump administration will shutdown Deferred Action for Childhood Arrival (DACA) program by a specific timeframe. Created by the Obama administration, DACA is a loophole, providing aliens who meet certain legal criteria temporary legal status. By refusing to enforce the law across a broad spectrum of people, the executive branch has superseded the legislative branch. Obama has made up the law. He has decided who can remain and who must leave.
This overriding action makes for a dangerous precedent. If we as Americans, allow Obama this authority to unilaterally decide, then why would we not allow another president to review this policy and unilaterally decide otherwise.
Furthermore, loopholes in the legal system beg to be abused, and DACA is no different. For example, if America allows children to stay, then should we also allow their parents to stay also. Sense would seem to indicate that we would also allow the parents to stay also for separating the two will be labeled as too “cruel” and “heartless”. These individual considerations complicate what should be a straightforward task of immigration and border enforcement. It will erode the Trump’s campaign promise of secure borders and strict immigration enforcement.
Conflicting interests like these should be thoroughly debated and measured. They should be resolved through the law making process and not by executive adjudication. By extending DACA for six months, Trump gives Congress adequate time. The ball is now in Congress’s court. If Congress fails to show up, then Americans will know who to blame.