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Decent Quality Since 1847

What's Up, DACA?

9/6/2017

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I can't add to the outrage that was expressed across America over Trump repealing DACA, so I won't try.  President Obama wrote an especially eloquent statement on the importance of the act, and how the repeal had nothing to do with legalities but was a political move -- something incredibly rare for a former president to do about a sitting one -- so you can read that here.

Some things do stand out beyond even the outrage, though.

It's worth noting, for instance, that legal experts all over having been clarify that -- despite the White House talking point, which has been a conservative talking point for a while -- DACA was never declared "unconstitutional."  It was ruled against by the 5th Circuit Court of Appeals, but (critically important) that case has NOT been heard by the Supreme Court, which is the only bench whose ruling can make a law unconstitutional.  That's the way the U.S. justice system works.  You or I saying, "That's unconstitutional!!" doesn't make it so, alas.  No matter how loudly we shout it, or how many families we shred apart.  That's the way the U.S. justice system actually works.

The action is bizarre, given that only 15% of Americans support repealing DACA and deporting those protected by it.  Moreover 60% of Trump voters support allowing DACA recipients to stay in the only home most of them have every really known.  Some of whom don't even speak another language but English.

The reality is that I suspect most people crying out to repeal DACA have little idea about the law.  High atop that list of ignorance is probably not knowing that DACA isn't like a club where you're automatically a member because your parents brought you to the U.S. when they illegally entered.  In fact, to have been accepted in DACA, every person who qualified had to go through rigorous vetting and have a detailed background check!  It's not littered with "criminals" or "gang members" as Trump has coyly suggested.  But those in the program are likely far-more upstanding citizens, better educated and more law-abiding than the racists fighting to deport them.  I don't say this on a whim, but because -- they have actually had to pass a background check to prove it.  And have to stay so to remain in the program.

Still, it was adorable to see Trump and his surrogates talk about what a difficult decision this supposedly was for him -- as if that is supposed to make anyone outraged by the decision feel better about him as a "compassionate" man.  (Not to worry, not a big risk on that one...)  It wasn't a hard decision for him.  He's a lifelong racist, and every action he's taken since becoming president that affects minorities and immigrants has been at their expense.  In Trump Land, this was a no-brainer.  This was a gimmee putt.

What will be most interesting to see is what happens next in fighting this repeal.

There appears to be some GOP support in the Senate to write a new law that would cover those now protected by DACA. Sen. Lindsay Graham (R-SC) threw down the gauntlet against his fellow Republicans to pass something. It will be a battle, but seems possible -- in part because of understanding the humane benefits and financial benefits of doing so, but also grasping that not doing so can crush the Republican party in the long run. The larger problem, though, may be with Republicans in the House.

Moreover, there may also be lawsuits from some Attorneys General in Democratic states to challenge the repeal  That would be a bit of irony, given that it was a threat by Republican AGs to sue the government over the Obama executive ruling (with a deadline on Tuesday) that seemingly pushed Trump to act when he did, on Tuesday.  (Hence, among other things, President Obama calling this a "political" action in his statement.)

And then there's Trump's own incomprehensible tweet.  It punted doing something itself and challenged Congress to act, yet ended by saying if they couldn't come up with a solution, he might "revisit" the decision.  Whatever on earth that means.  Especially since he apparently believes it's "unconstitutional."  I'm sure there are those who believe they can decipher what Trump is suggesting, but honestly that would just be a guess based on human logic, which really doesn't apply here.

I only know one thing -- as I wrote the other day, Trump's action on Tuesday ("as read by" Jeff Sessions) just pushed Hispanics, the fast-growing demographic group of voters, even more thoroughly into the Democratic Party than they were before.  And before, they had just voted for Democrats in the last presidential election by 66-28%.

We now return to you your regularly-scheduled outrage.
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    Author

    Robert J. Elisberg is a political commentator, screenwriter, novelist, tech writer and also some other things that I just tend to keep forgetting. 

    Elisberg is a two-time recipient of the Lucille Ball Award for comedy screenwriting. He's written for film, TV, the stage, and two best-selling novels, is a regular columnist for the Writers Guild of America and was for
    the Huffington Post.  Among his other writing, he has a long-time column on technology (which he sometimes understands), and co-wrote a book on world travel.  As a lyricist, he is a member of ASCAP, and has contributed to numerous publications.



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