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DACA Victory: Fairness, Checks And Balances Shine

June 18, 2020

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It was another blockbuster Supreme Court ruling, in a week that has not been good for the legal arguments put forth by the Donald Trump Administration. The majority of the nation is applauding the outcome of the Deferred Action for Childhood Arrivals Program (DACA) ruling, based on past polling which shows overwhelming support for these men and women.

The Court ruled the Trump administration may not immediately proceed with its plan to end a program protecting about 650,000 young immigrants known as Dreamers from deportation.  With those words from the reporter on CNN it was clear, once again, the nation’s checks and balances won a victory over the chaos created from this White House.  It was also clear that fairness had been applied to an issue that impacts many educated, skilled, and talented people living in our nation.

The Court ruled 5-4, with Chief Justice John Roberts writing the majority opinion, that Trump did not provide adequate justifications for removal of DACA, and rejected administration arguments that the 8-year-old program, is illegal

“We do not decide whether DACA or its rescission are sound policies,” the chief justice wrote. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

The Court used the lack of a proper process of dealing with DACA by the Trump Administration as the basis for their ruling.  It is most ironic, since Trump’s only argument used to before the court was that President Obama did not have the authority to create DACA.

Trump has been harsh and bombastic towards the Dreamers, young people brought to the United States as children by their undocumented parents. He campaigned in 2016 with xenophobic fervor that once elected he would “immediately terminate” his predecessor’s executive order.  President Obama created DACA so these people, if they do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country.   It only makes common sense, and is a moral and ethical policy, not to discard or deport Dreamers.  To do so would run counter to every sensible and good-hearted ideal that Americans hold dear. 

What other groups of children are punished for the actions of their parents? We don’t jail the children of convicted felons, so why are the children of undocumented immigrants being punished? They had no choice when their parents brought them here. Minors under the age of 18 are banned from applying for citizenship without parental consent. Most of these people haven’t been back to the countries they were taken from, they don’t speak the language and know nothing of whatever relatives they may have there. Deporting these people would be like taking children from my very neighborhood and deporting them. These kids are in the US through no fault of their own. It is barbaric to punish the children for the actions of their parents.

It is unconscionable to have held Dreamers hostage to Republican power plays.  Many of these Dreamers are more schooled and have higher skill sets than the ones undermining them within the White House. This nation needs to secure the future of these young minds, allow them to become a legal part of our national fabric, and end the shameful antics of those who harbor bigotry. These DACA recipients are Americans in every sense of the word except for birthright.

I am an optimist, even during the past years when it has been hard to see light at the end of this period. But today I am joyous over this ruling and with it can truly write the words I firmly believe.

Dreamers, who have worked hard, paid taxes, and have given to this nation like the rest of us will be provided a path to citizenship with our next president, Joe Biden.  Finally, these individuals will be treated with the full respect they deserve.

Shortly after the ruling was handed down Trump took to Twitter and made the matter all about himself.  “Do you get the impression that the Supreme Court doesn’t like me?,”

Northing surprising with such a tweet, as he has always been self-centered.  But with hundreds of thousands of lives impacted by this ruling Trump’s words are even more narcissistic and egotistical than his usual manner.  They lack any ability to reason or empathize with the Dreamers.

Finally, I want to state how we all need to be thankful to James Madison, who in large part, helped create the checks and balances that played such an important role in the headline we are now strongly approving.  No president can accumulate power and fortify the Executive against the will of the people.  The separation of powers by co-equal branches of government allows for attempts at tyranny to be checked.

In many ways, the checks and balances which have been exercised since January 2017 have protected our nation.  Not with every issue, or to the degree that reasoned men and women would desire.  Reading history has proved that many dark nights confronted the nation and we still found the resolve to write another chapter as a people.

President Lincoln argued at the start of the Civil War that one reason it needed to be fought was to show to the world that our democratic experiment could not be so easily undone.  If democratic principles could not find success here, then where?  Those who would so carelessly undo the fabric of the nation had to be defeated.  And they were.

And so it is today.  When illiberal democracy presents itself with the populist themes used by this current occupant of the White House there is only one way to deal with it, and that is it must not be allowed to continue.

The Supreme Court made that clear today.

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