National Review Online
Tuesday, September 05, 2017
The Trump administration announced the end of Deferred
Action for Childhood Arrivals, or DACA, on a delayed, rolling basis. The
decision is the right one. DACA is an extralegal amnesty at odds with our
constitutional system. It has to go. But the delayed fuse gives Congress an
opportunity to pass legislation dealing with this sub-set of the illegal
population.
Instituted in 2012 by President Obama, DACA provided a
functional amnesty to illegal immigrants under the age of 37 who applied to
U.S. Citizenship and Immigration Services for deferred status. The program was
Obama’s response to Congress repeatedly rejecting the DREAM Act, under the
novel theory that the president can in effect impose legislation if Congress
declines to pass it. The administration justified DACA as a mere exercise of
prosecutorial discretion, the same absurd cover story that the courts rejected
in the case of Obama’s other unilateral amnesty, known as DAPA.
Candidate Trump had promised to rescind DACA on Day One.
But the president hesitated to follow through. Its beneficiaries are
sympathetic, some having grown up here and having known no other country. That
Trump initially balked at ending DACA is therefore understandable. He tried to
strike a prudent balance, given the circumstances. Currently pending
applications for deferred status will still be considered, and existing work
permits due to expire between now and March 5, 2018, can still be renewed for a
two-year period. But no new applications will be accepted after today and no
renewals considered for permits expiring after March 5 of next year.
Trump is, appropriately, putting the onus on Congress for
passing a legal version of the program. In theory, there should be a deal to be
had, a DREAM Act–style amnesty in exchange for tightening in the rest of the
immigration system. But Democrats may, cynically, conclude that they don’t need
to negotiate, instead insisting on a simple codification of DACA and daring the
Trump administration to really bring an end to the program. They also may
figure they can divide congressional Republicans on the issue. Those in the
party who favored the Gang of Eight immigration bill haven’t gone away, and
they appear to be in a panic over DACA and eager for any deal, even a fig leaf.
Merely getting some funding for Trump’s border wall falls
into that category. Trading a permanent amnesty for a one-time appropriation
for a border wall that is mostly symbolism would be deal-making that conforms
to the worst stereotype of feckless congressional Republicans. Unfortunately,
the White House might be willing to go along with such a deal because the wall
is Trump’s idée fixe, even though it
is considerably less important than other enforcement measures.
Republicans should aim to trade a version of the DREAM
Act for mandatory E-Verify for new hires on a nationwide basis and, ideally,
for a significant piece of the RAISE Act, a bill recently introduced by
Senators Tom Cotton (R., Ark.) and David Perdue (R., Ga.). Most relevant is the
Cotton-Perdue provision to curtail chain migration, wherein recent immigrants
sponsor their relatives, who sponsor their
relatives, and so on. Congress should want to avoid making DACA recipients the
next link in chain migration.
To get anything like this, Republicans will have to be
stalwart and adroit, and the Trump White House will have to have a clear
legislative strategy. We hope today wasn’t simply the beginning of the process
of codifying DACA, with no meaningful enforcement in exchange.
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