Today we found out that the DACA program is now dead, and that it is the duty of our congress to come up with a legal solution, not only for the dreamers, but for immigration policy going forward. This is the way it should have been presented in the beginning. Immigration policy is to be legislated, not ordered by presidential fiat. Now we have impetus to get the whole damned thing right!
The presidential order that created DACA is flawed and unconstitutional. If it went back again to the Supreme Court, it would be defeated by a 5-4 vote. On June 23, 2016 the vote was 4-4, but with Mr. Gorsuch on duty now a victory would be insured. Something had to be done, and President Trump has the backbone to do it right, for our citizens, for the dreamers, and for those who would want to come to our country legally. It is about time!
Protests of his action abound. In front of Trump tower there are protesters showing support for DACA, in front of the White house there is more protesting, and we will see more of this in the coming days. There is fear that these people will be sent back to their original countries. In a deeper sense, the protests are an extension of an oft used argument that our defacto open border policy will be ended by this President and Congress, which is interestingly enough just what the voters in the last election and the majority of Americans want.
President Trump knows that immigration policy is a “hot potato” for Congress. He also knows that unless their hands are forced, this “do nothing” Congress will simply kick the can down the road. Now they are forced to act. For them to act reasonably, and put together a bill that the President will sign, it is now up to President Trump to give Congress direction. Without specific direction from the President, Congress will fail, and none of us, including the dreamers want that to happen.