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Trump ended DACA in the most humane way possible. By Nolan Rappaport

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Former President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) Program five years ago with an executive order that granted temporary lawful status and work authorization to certain undocumented immigrants who had been brought to the United States as children.

This was not a good idea. It only provided temporary relief and applicants had to admit alienage, concede unlawful presence, and provide their addresses to establish eligibility for the program, which has made it very easy to find them and rush them through removal proceedings.

Instead of giving false hope to the young immigrants who participated in the program and heightening their risk of deportation, Obama should have worked on getting legislation passed that would have given them real lawful status and put them on a path to citizenship. Such bills are referred to as DREAM Acts, an acronym for “Development, Relief, and Education for Alien Minors Act.”

That still is the only option that makes any sense.

One of President Donald Trump’s campaign promises was that he would end DACA immediately if he were to be elected. He changed his mind after he was elected and allowed the program to continue.

But in June, Texas Attorney General Ken Paxton sent a letter to U.S. Attorney General Jeff Sessions asking him to phase out the DACA program. Paxton warned Sessions that if he would not agree to do this by September 5, 2017, a challenge to DACA would be added to a lawsuit that 26 states had filed in a federal district court to prevent the implementation of the very similar Deferred Action for Parents of Americans and Lawful Permanent Residents, (DAPA) Program.

Read more at.

Published originally on The Hill.

About the author.
Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.

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  1. ImmigrationLawBlogs's Avatar
    Update: September 9, 4:30 pm:

    Nolan Rappaport may call Trump's decision to end DACA "humane" (and George Orwell would no doubt have agreed), but the Los Angeles Times hit the nail right on the head in its September 5 editorial:

    Ending DACA was an act of pure cruelty by Trump

    Needless to say, this was hardly Trump's first act of mindless, savage, cruelty toward non-white, non-European immigrants since taking office as president. Nor is it likely to be his last.

    My original comment follows:

    Neither Nolan, nor Sessions, mentions that over 100 law professors from all over the US had sent a letter to Trump upholding DACA's legality as a valid exercise in prosecutorial discretion, with many precedents to support it. See my own comment on this point.

    However, there may be some hope in Trump's tweet that he will "revisit" DACA if (as expected) Congress does nothing about it in the next 6 months.

    This might possibly indicate that the president could be moving away from the white nationalist rabble-rousers who have been his base supporters so far.

    Let us hope so.

    Roger Algase
    Attorney at Law
    Updated 09-09-2017 at 03:32 PM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    I also don't understand Nolan's claim that Trump cancelled DACA in the most "humane" way possible.

    What is "humane" about the anxiety and suffering that he is causing to nearly 800,000 young people who were brought to America through no fault of their own, have no criminal records, and many of whom are now in school earning degrees which will enable them to contribute the most to American society?

    (If my information is correct, a few have even become licensed attorneys.)

    The most "humane" approach to DACA would have been not to terminate it at all, rather than to cave into the white supremacists in the president's own supporter base (assuming that he does not share their views himself - a very big assumption) who do not want any more non-European immigrants in America, and who want to kick out as many Latino and other immigrants of color as possible who are already here.

    Having said that, if Trump is ready to make a deal on DACA with "Chuck and Nancy", as a late news report (in POLITICO) advises, that might not be such a bad sign.

    Everyone seems to agree that a legislative solution would be best, if a reasonable one (that does not include Wall funding or the RAISE Act!) is possible.

    But in the meantime, going along with the white nationalist agenda of ending DACA, whether in slow motion over six months or immediately, as the KKK and other racist demonstrators carrying torches and signs with Nazi-era slogans in Charlottesville would no doubt have preferred, can only be called "humane" if one is reading George Orwell.

    Roger Algase
    Attorney at Law
    Updated 09-09-2017 at 04:45 PM by ImmigrationLawBlogs
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