Californian District Judge Blocks Trump Rescindment
This past Tuesday, President Trump met with both Republicans and Democrats to determine if a bipartisan agreement to save DACA could be achieved. The Deferred Action for Childhood Arrivals (DACA) was rescinded by President Trump in September, although he granted 6 months delay in order to provide Congress the opportunity to save those in the program. Two Congressmen, a California Democrat and Texas Republican, have already proposed a solution that includes border security improvements as well as DACA program continuation. Unfortunately, federal judge William Alsup barred the Trump Administration from halting the program while litigation takes place, potentially limiting the potential of a bipartisan solution.
The lawsuit against DACA's rescindment is lead by California State Attorney General Xavier Bercerra, and supported by 19 other state attorney generals. While Bercerra is confident that he will emerge victorious, other legal experts are doubtful, citing Obama's own words to contradict the legality of the action. Additionally, since President Obama enacted the policy without legislative approval, it seems logical and legal that President Trump could remove it just as easily. If Obama had used a Congressional majority to enact DACA then Bercerra and his colleagues would have a legitimate legal challenge.
As it stands now, if Democrats believe that DACA will be saved in the courts, then they may not negotiate as they should. The president and Republicans are looking for a minimum of increased border security and "a wall" in exchange for simple retention of DACA. The Democrats have already indicated they do not want to see a wall, and it's possible that they are not motivated to prevent illegal immigration at all. The Republicans are tasked with a good but difficult duty: retaining the rule of law. They cannot capitulate to a lessened motivation to negotiate, since a terrible deal will be worse than no deal at all. If the Democrats are hesitant to negotiate, then it is not the fault of the Republicans when DACA is determined illegal in the courts.
Many Democrats point to President Reagan's amnesty bill in 1986 as persuasion for Republicans to provide amnesty again. After all, many conservatives respect Reagan as the pillar of the Republican Party and conservatism. Unfortunately, Reagan's bill failed to trade amnesty for increased penalties for employers of illegal immigrants. For passage, the most severe penalties were removed, and obviously gainful employment was not the only motivator for illegal immigration. The White House negotiation is posed produce an equally doomed immigration bill, unless Republicans are willing to stand with the rule of law and let the DACA program die if Democrats fail to negotiate a reasonable solution.
As of now, illegal immigration will not stop in the US culture today. Illegal immigrants are already favored in sanctuary cities around the country, and now all of California, the first sanctuary state. There is plenty of incentive to come to the United States. Among those in foreign nations, there is a general hope for better living conditions prior to amnesty in the United States. Additionally, there is plenty of reason to abandon their failing countries of origin, where the authorities are unable to control violence and people starve under oppressive governments. The Republicans must keep the rule of law and democracy which made the United States great, lest we create the oppression that we worked so hard to leave. With reference to DACA, that means Republicans must negotiate strongly to improve border security, legal immigration, and visas, using DACA as incentive for the Democrats to capitulate. The lawsuit will fail in the courts - so let's use Democratic motivations to pass the crucial immigration reform and policies needed to both protect and develop America into an even better nation.