As you’ve likely heard by now, President Trump (through Jeff Session) has rescinded the Deferred Action for Childhood Arrivals (DACA) initiative created by then President Obama on June 15, 2012. The initiative protected immigrants who were brought here as children before 2007 from being deported. No one objected to DACA itself until June of 2017, but I’m getting ahead of myself.
As I set out to write this post, I intended to focus on the six-month delay that’s been built into the ending of the program. There’s been a lot of discussion about why there is a delay of six months. It seems extremely curious. I believe Trump knows he won’t be in office much longer and he’s looking for any feather he can find to stick in his cap so he can call himself a success. It’s the same with Arpaio and his allegiance to the white supremacists after Charlottesville, Va. He needs the glory. His ego must be fed, and he will do the most outrageous things imaginable to feed it.
He doesn’t care about the people being impacted. He cares about only himself.
But as I did research for what was going to be a short article I discovered some fascinating information. Things are never straightforward with this one. Trump claims he’s doing what he’s promised his base he would do. But that’s not really true. What he did on September 5, 2017, was in response to something his base did on June 29, 2017!
The MALDEF website, The Latino Legal Voice for Civil Rights in America (and sponsors of the defendants in the lawsuit) has an excellent breakdown of the timeline of the history of DACA. In truth, no was ever upset about DACA until June of this year. Let that sink in. There were no challenges, no litigation, no law suits filed since inception. The initiative went into effect in 2012 with little if any objection and in fact, the original initiative was never challenged until this year.
The problems that did occur on December 3, 2014, two and a half years after DACA, happened when the Obama Administration moved to expand DACA and add the DAPA (Deferred Action for Parents of Americans) initiative. At that time Texas and 25 other states requested a federal court block the expansion of DACA and the implementation of DAPA. The lawsuit is known as “Texas vs. The United States.” Again, let that sink in. The lawsuit did not include the original DACA initiative, just the expansion of it.
While Jeff Sessions made some outrageous claims when he announced the official end of DACA, it is true that according to the Fifth Circut Appeals Court an initiative such as DACA lies within in the power of Congress to implement, not the Executive branch. Let’s remember that the only reason Obama took to executive orders to create the initiative is that Congress could never agree on any programs themselves. Someone had to do something, so Obama did what he believed was called for and what he could do within his power. He likely knew it would be legally challenged, but in fact, it wasn’t. Not until he tried to expand the program.
This case sure seems to reek of the racism in the politics of our country being directed at both the Hispanic populous and President Obama. There is no other lipstick to be put on this pig. A black man (who they hate) created a program for (primarily) Hispanics (who they also hate). They retaliate by tying the program up in the courts forever.
The DAPA program was never implemented nor was the expansion of DACA. The U.S. Supreme Court split on June 23, 2016, 4-4 over United States vs. Texas, leaving Judge Hanen’s injunction in place, blocking the implementation.
As reported by MALDEF:
June 15, 2017: Following many months of a stay in the case for the new administration to decide its position, Texas refuses to agree to further delay. In response, the U.S. Department of Homeland Security officially rescinds DAPA, ending an initiative that existed on paper only.
DACA itself the original initiative from 2012 continued with no issues until…
June 29, 2017: Texas Attorney General Ken Paxton and nine states involved in the 2015 lawsuit threaten to amend the DAPA lawsuit to challenge DACA if the 2012 initiative is not rescinded by Sept. 5. The state’s request is at odds with Texas’ assertions throughout the case that it was not challenging the original DACA initiative.
Suddenly the Trump Administration is being threatened by a lawsuit if certain demands are not met by these 10 states about the original initiative of DACA! Where are they coming from? Notice the drop in numbers? Originally there was a little over half of the country involved in the law suit against the expansion of DACA and addition of DAPA, but the original lawsuit never included the original DACA initiative!
I am not going to list the additional nine states; it does us no good to be mad at them. It’s too bad we know one state is Texas. I suppose we can “assume” Arizona is another one of them, but again, this is not a helpful course of thinking.
What we can do is focus on getting Congress to do the right thing by creating a similar program that will at a minimum, immediately protect those being impacted by the end of the current DACA initiative. And do it before the end of the six-month deadline.
They would just be doing what they should have done all along, and in all fairness to Obama, he was just doing what he was forced to do by the obstructionists in Congress.
The truth is Immigration Policy has always been the GOP’s problem. Now they’re being compelled to address it. Trump may end up getting credit for forcing Congress to finally do their job by putting in his 6-month extension. Or, he’ll be gone, and it won’t be his problem.
Either way, he’s passed the buck and to his base, he’s still a winner.
Either way, America as a whole must take action immediately by calling, writing, emailing, texting, tweeting, Facebooking, marching, etc.!
Sign those petitions, make those phone calls, stand UP and make your voice heard! This IS our opportunity to make our voices heard.