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Chairman of The Latino Coalition agrees with my DACA recommendation.

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The Hill: Rappaport Says: "Trump ended DACA in the most humane way possible." Hector Barreto, Chairman of the Latino Coalition Agrees!

Nolan writes:

“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.
. . . .

DACA advocates need to put aside any anger they have over the rescission of DACA and work on getting a DREAM Act passed.

DREAM Acts have been pending in Congress since 2001, and we are yet to see one enacted. This is what led Obama to establish the DACA program administratively.

A new approach is needed. One possibility would be to base eligibility on national interest instead of on a desire to help as many undocumented immigrants as possible, which is the approach taken by the recently introduced American Hope Act, H.R. 3591. It might more appropriately have been named, “The False Hope Act.”

The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

In a separate blog over on CNBC, Hector Barreto, Chairman of the Latino Coalition echoed Nolan:

“The winding down of DACA is the perfect time for Congress to develop effective, compassionate policy on immigration – something most Americans strongly agree we need. The best reforms will be developed through the legislative process, not executive orders – and that’s something else both sides can agree on.

In the meantime, leaders should stay away from inflammatory language and fear mongering. Mass deportations will not happen – it is simply not logistically possible, and it is not what the Trump Administration has called for. It is worth noting how Attorney General Sessions described the government’s next steps:

The Department of Justice has advised the President and the Department of Homeland Security that DHS should begin an orderly, lawful wind down, including the cancellation of the memo that authorized this program. … This [wind down process] will enable DHS to conduct an orderly change and fulfill the desire of this administration to create a time period for Congress to act—should it so choose. We firmly believe this is the responsible path.

Sessions’ words about a “wind down” were rational and calm, indicating an approach that is not drastic or dramatic, not gratuitously painful or overly political. The end of DACA and the beginning of lawful immigration reform can, and should, be handled with this level of maturity and respect – for dreamers for American citizens, and for our nation’s tradition of the rule of law.

There are no easy or simple answers on immigration, and it’s okay for our leaders to acknowledge that fact. I believe they can find legislative solutions that strengthen America, recognize our proud immigrant tradition, keep the economy strong, and keep our citizens safe and our borders secure. The core elements of President George W. Bush’s immigration reform proposals, for example, met those goals through effective border security, a functioning and humane guest worker program, and a pathway to earned legal status for the undocumented. Given the six-month time frame Congress will have before DACA ends, they would do well to start their work with Bush’s already well-developed proposal.

President Trump even Tweeted on Tuesday that he would revisit the issue if Congress cannot act.”

Read Nolan’s and Hector’s blogs at their respective links above.

I agree with Nolan’s “bottom line:”

“The solution is to find a way to help immigrants who were brought here as children that would be acceptable to both parties.”

Paul W. Schmidt’s blog site.


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  1. ImmigrationLawBlogs's Avatar
    Updated reply, September 9, 1:33 pm

    For readers who may be interested in a perspective on Trump's inhumane cancellation of DACA based on the law, rather than an agenda of pro-Trump apologies and spin, no matter how harmful his speeches and actions are to America's immigrant and minority communities, a September 8 article by law professor Marjorie Cohn entitled:

    Sessions is Wrong: There is no Legal Justification for Ending DACA

    provides useful background and information on this issue and on the real reasons for the president's unjustifiable decision.

    My original reply to the above comment by Nolan Rappaport follows:

    If the president and attorney general are sincere about finding a "humane" legislative solution for DACA, every American of good will should support them in this effort. But was there anything "humane" about ending DACA in the first place, even with a six-month delay?

    It is true that Trump avoided a potentially politically embarrassing lawsuit over the legality of this program from a few state governors in his own party, but a president who really cared about the DREAMERS and who had an attorney general with a less racist anti-immigrant record than Jeff Sessions (who, less than 3 years ago, praised the same Coolidge era white supremacist 1924 immigration law that Adolf Hitler also praised some 90 years earlier) would have been willing to defend DACA in court.

    As I pointed out in my own recent Immigration Daily blog comment, more than 100 immigration law professors from all over the US recently sent Trump a letter upholding DACA as a legally valid exercise in prosecutorial discretion, supported by ample judicial precedent. Many other legal experts agree.

    This is not a one-sided, open and shut legal issue, as Jeff Sessions and his alt-right white nationalist supporters would like the public to think.

    There was certainly not very much good will or "humane" feeling toward minority immigrants in Sessions' September 6 DACA announcement - it is full of falsehoods and rehashing of racist anti-immigrant stereotypes that have been around in America for more than a century, with only the targets changed.

    Yes, Trump could have cancelled DACA immediately instead of doing so in slow motion over a six-month period. True, he is calling on Congress for a legislative fix (which would probably only happen against great odds, given the Republicans' own positioning as a "white identity" party over the past 2 or 3 decades, if not longer).

    Trump has also stated that he will "revisit" the DACA cancellation if Congress does not act within six months.

    This is all to the good, and the president deserves some credit for not following the hard-right, white nationalist line by cancelling DACA immediately.

    But, "humane", when Trump could have defended DACA in court with a strong chance of success in front of any judge who was willing to pay attention to legal precedents?

    Only George Orwell would call Trump's slow motion DACA cancellation "humane".

    Fur further comment on this issue, see my own blog comments on Sessions' speech; one is dated September 6 and the other is dated September 8.

    Roger Algase
    Attorney at Law
    Updated 09-09-2017 at 12:41 PM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    "Third world", of course, as used by immigration opponents, means people of color, people who would have have been considered racially and biologically "unfit" to immigrate to the United States according to the "Nordics"- only Coolidge era 1924 immigration act which Jeff Sessions praised so highly in his immigration "Handbook" in 2015 (and which Adolf Hitler also wrote about favorably in Mein Kampf nine decades earlier).

    Roger Algase
    Attorney at Law
    Updated 09-09-2017 at 01:12 PM by ImmigrationLawBlogs
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