Many issues lead to the government shutdown, but DACA is the issue perpetuating the impasse. This gives us an opportunity to look at DACA and explore a potential compromise.
At the beginning some full disclosure:
- My family consists of 2 citizens and 1 lawful permanent resident.
- I am being harmed by the shutdown.
The short version of why DACA is an issue is President Obama implemented it via executive order. This was doubtless an illegal order, and states indicated they would file suit. When time came, President Trump reversed the order to make the suit moot, and delayed implementation of the order to afford Congress an opportunity to address the issue before DACA was officially revoked so the resolution could be orderly with the possibility of continuing to protect the dreamers.
Although I draw a different conclusion than the United States Conference of Catholic Bishops, they give a good summary of the debate positions in their concise explanation on the Catholic Social Teaching regarding immigration. The teaching states:
- The first duty is to welcome the foreigner out of charity and respect for the human person.
- The second duty is to secure one’s border and enforce the law for the sake of the common good.
If anyone is an innocent party to the immigration debate it is the dreamers. So the thought of punishing them with deportation seems harsh. However, not punishing the dreamers does not extend to rewarding them for their parent’s misdeeds.
Removing the fear of deportation is not punishing. A grant of citizenship is a reward. So how do we balance these two positions into a solution? The answer is simple. When Congress finally addresses the issue create a new immigration category for the dreamers: lawful permanent resident without possibility of citizenship subject to deportation for criminal offense.
This would meet both the moral requirement to “welcome the foreigner out of charity and respect for the human person” while maintaining law enforcement “for the sake of the common good.” The dreamer can stay, but they cannot vote or sponsor family members for immigration. However, if they commit criminal acts, they are subject to deportation for the sake of the common good.
So, whose fault is the shutdown? The above reasoning isn’t novel/creative thinking. The insistence on a pathway to citizenship makes clear that the democrats are seeking voters rather than humanitarian good. To that end, the shutdown falls on their shoulders.
DACA was not an executive order and is not illegal. Presidents have wide latitude in how to implement and prioritize the removal of residents without documentation. One of the biggest lies common in the right-wing media machine.
Yours is one of many possible compromises on those brought here as kids by their parents. Republicans can’t stop arguing among themselves to agree to any of them.
They have had months to fix DACA, they decided to hold that and hold CHIP reauthorization since Septemeber as human bargaining chips to get Democrats to agree to a spending bill, which they also can’t agree on.
Trump did get a bipartisan deal that would easily pass the House and Senate, one of two Democrats and Republicans made. Two hours late Trump reneged on it. The serial liar should be kicked out of any negotiations, let Mike Pence represent the White House.
Also, Obama paid the military during the last #GOPShutdown. Why did McConnell reject that except to use them and their families as pawns?
Technically you are correct in that it’s an “executive branch memorandum.” However since it was at the directive of the President it’s a distinction without a difference.
Insofar as the illegality you are presenting a straw man with your argument the President has wide authority in implementing and prioritizing deportations. The drafting of the executive branch memorandum is issuing orders rather than using discretion. Specifically, DACA is a program implemented by the Obama administration, with associated applications for work authorizations and advance parole specifically through DACA status. This is a fairly clear case of illegality. Congress has affirmatively rejected DACA types of proposals, and similar programs were found illegal in the courts. If all that were at issue were the prioritization of enforcement and deportations we wouldn’t be in the situation we are in today as DACA individuals are still low priority for ICE.
First, the president has the absolute authority to set priorities for prosecutions both in federal courts and immigration courts. President Trump can call in the attorney general and tell him the Justice Department’s top priority for investigation and prosecution is duck stamp violations, that is duck hunters who don’t have a duck stamp. He can go so far as to say shut down all of the drug and money laundering investigations because duck stamp violations are more important and he want the resources there. That’s all Obama did. He ordered the dreamers put at the bottom of the ever expanding and endless list of deportation cases. Basically, the dreamers cases would never get to the top of the pile.
Second, it appears from listening the the Senate majority and minority leaders that the president can’t decide what he wants. He supposedly cut a deal with the Democrats, then undid the deal a couple of hours later. That’s just wrong.
When LBJ or Nixon or any other president made a deal, they stuck with it. They didn’t keep moving the goal posts. I’m not a fan of Chuck Shumer but I believe him when he told the story about the deal with the president being broken. In politics like a lot of other professions, your word is your bond. I’m a lawyer and when I give my word to opposing counsel, I have to live with it or go back with a good reason why I can’t or won’t.
As for who’s the cause of the shutdown, I say a plague on both your houses. The first job of congress is to pass a federal budget. They’ve had a year since Trump took office to do it. If they can’t get it done, maybe we should get 535 new members of congress who are willing to do it. Yes, they’ve had a lot of important legislation before them in the past year but one would hope members of congress like the members of the budget committee can walk and chew gum at the same time. They’ve all abdicated their responsibilities to lead so they can play political games.
And, that’s sad.
“First, the president has the absolute authority to set priorities for prosecutions both in federal courts and immigration courts…. That’s all Obama did.”
This is a factually incorrect statement. The executive branch memorandum was used to specifically allow for status via form I-821D. That’s where the litigation stems. If the issue were simply setting priorities then there’s no issue to litigate. Suggesting Obama only adjusted administrative priorities is a blatant falsehood.
Well, yes – the President can set priorities. But, he can’t simply exempt a whole class of people from prosecution just because he wants to. DACA is a de facto act of executive legislation which violates the spirit and intent of the Constitution, if not the actual text.
As for the deal that the President supposedly cut with the Democrats. . . . the only word that you have to rely on about such an agreement is that of the Democrats. I wouldn’t trust Charles Schemer to tell me the Sun rises in the East. Regardless, it’s ridiculous for any politician in Washington to complain about broken promises. Lying is pretty much how they live their lives.
As regards the budget – Congress went for more than 6 years during the Obama administration without passing a budget. Now they’re doing it again. Short of a Constitutional Convention I’m not sure of how to deal with the partisan, oligarchical cesspool that is Washington, D.C.