President Obama in his last news conference in January warned us about this sort
of thing. He said if DACA recipients were threatened, it would mean “our core
values would be at stake.”
And what about those core values? If you believe in the great ideas of diversity
and compassion that have created this land of opportunity we call America, then
saving DACA is a no brainer.
Not only do we not punish children for the actions of their parents, but when we
put them through a detailed process like DACA that vets them and forces them to
put their trust in government, we don’t renege on the deal.
It is both cruel and immoral suddenly to tell them the rules have changed–that
bighearted America is no longer so bighearted.
This is exactly the crossroads where we find ourselves in Trump’s America.
Thousands protested around the country in reaction to the DACA announcement.
But there was also a new chill among those who now see a clock ticking attached
to their deportation.
I know a young DACA recipient–an Asian American of Filipino descent–who just
began her first year of college on a full-ride scholarship.
When I first met her, she was so proud to speak out and had no fear about
declaring publicly her status as an undocumented but thoroughly vetted Dreamer.
When I texted her Tuesday, she was more guarded.
“Do I fear deportation? Yes, but not more or less than I did before,” she said
at first. But she admitted this. “I haven’t been open to students about it here
yet, but I have found support within the administration and staff.”
“Trump’s decision was not the right choice,” she added. “It’s time for Congress
to step up and pass legislation.”
Already in California, where the largest number (200,000+) of the 800,000 DACA
recipients live, work, and go to school, Janet Napolitano, University of
California president, has expressed the school’s continued financial, legal,
and moral support for Dreamers.
But she too was ready to lean on Congress.
“I call upon the U.S. Congress to immediately pass bipartisan legislation that
would provide a permanent solution for these young people–one that charts a
secure pathway toward citizenship and allows these Dreamers to continue to live,
work, and serve the only country most of them know as home,” Napolitano said.
Everyone mentions Congress because Trump did, having put DACA in swaddling
clothes on the steps of Capitol Hill. But Trump’s six month window to save it
may be unrealistic given that Congress has yet to pass a significant piece of
legislation this year.
Have you heard of the American Hope Act of
the bill that was put together early in the summer to save DACA and allow
recipients to apply for conditional and permanent resident status. (Read a
summary of the American Hope Act of 2017
Is there hope for the Hope Act? Who knows what a legislative solution will look
like once politicos start stuffing the sausage.
Border wall funding anyone?
Sen. Mazie Hirono doesn’t think so.
I want to be clear: I reject any effort to hold
#DREAMers hostage for an
unnecessary waste of money like Donald Trump’s wall.
#SaveDACA — Senator Mazie
Hirono (@maziehirono) September 5,
Maybe the most encouraging sign is that a number of Democratic states’ attorneys
general were all set to file a lawsuit to protect DACA, to counter the 10
Republican attorneys general who started the threat on DACA to begin with.
You’ll recall the reason why Trump had to act on Sept. 5 was due to the threat
of Texas attorney general Ken Paxton and nine others to add DACA to a suit that
ended DAPA, the program for undocumented parents.
Trump could have made the Justice Department defend it. But instead, he decided
to use the DACA recipients as leverage to get Congress to bend to his will.
On Tuesday, the Washington State Attorney General Robert Ferguson, who is 4-4 in
legal suits against the Trump administration, most notably the Trump anti-Muslim
travel ban, hinted at litigation to stop Trump’s ending of DACA.
“We think the president’s action is not lawful,” Ferguson said on CNN, noting
that legal action could involve violations of the equal protection clause, due
process, and the administration procedures act.
In the meantime, think of all the make-work and anxiety Trump has created in
September, with a legislative calendar that includes the budget, tax reform, and
If he really “loved” the Dreamers, as he has often declared openly since
February, if he truly valued their presence and the billions of dollars they’re
worth to the U.S. economy (Moody’s chief economist Mark Zandi put the impact of
the loss of DACA on GDP at $105 billion), then Trump simply should have fought
to keep the program alive.
That would have been the brave and moral thing to do as our country’s leader.
Trump could have ordered his favorite cabinet member, U.S. Attorney General Jeff
Sessions, to defend DACA in court against the Republican AGs for the good of the
country, unity, and our adherence to American values.
But Trump’s core values are all about himself, and the ratings of his flagging
Trump had to kill DACA off.
Trump’s rabid base, the once white majority dwindling to minority status, needs
to be constantly reassured he’s got their back.
In Trump’s pre-racial America, they’re the only minority that counts, to the
exclusion of others.
Emil Guillermo is an independent journalist/commentator. Updates at www.amok.com. Follow Emil on Twitter, and like his Facebook page. The views expressed in his blog do not necessarily represent AALDEF’s views or policies.