DACA Pros And Cons Essay

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Initially enacted in 2012 through a memorandum under the Secretary of the Department of Homeland Security, Janet Napolitano, and broadened by an executive order formulated by Obama in 2014, Deferred Action for Childhood Arrivals (DACA), is one of the most controversial policies in way of conception under the Obama administration. Wrought into being after the failure of the aforementioned administration to pass the DREAM (Development, Relief, and Education, for Alien Minors) act through congress, DACA and its sister program DAPA are subjects to the bleak delineation between logic and fact. DACA is an immigration policy, but that does not mean that the general terms or effects of immigration come with it. The best way to describe DACA is as …show more content…

Instead of pushing the policy through congress, the Obama administration bypassed legislature with a broad executive order to strengthen underhanded memos that effectively ignored the president’s previous stance on the issue. The president himself said that “with respect to the notion that I can just suspend deportations through executive order, that's just not the case, because there are laws on the books that Congress has passed” (insert citation). However, this does not necessarily mean that the act was unconstitutional, as executive orders are one of the many gray patches the founding fathers neglected to expand upon. The only vague nod to executive orders is the “Take Care Clause” of the constitution. It is important to note that this is not a clear cut and dry clause, as many controversial cases involving executive orders challenging their constitutionality, such as Korematsu v. U.S., were upheld under judicial review. Furthermore, the whole debate of constitutionality is only valid under the current regime of supreme court justices. Recently, the Supreme Court released a per curiam decision which affirmed the injunction blocking DAPA implementation and DACA expansion. This followed a lawsuit against the DAPA implementation in the United States District Court, led by Texas Attorney General Greg Abbott and twenty-six other states. Although DACA itself was not involved in a similar lawsuit, it can be …show more content…

According to Marisa Bono, who is a well-known attorney and Southwest Regional Counsel for the Mexican American Legal Defense Fund, states “Like any other type of deferred action, DACA does not confer citizenship, amnesty, or legal immigration status 77 of any kind. The DACA memos are not Executive Orders. Instead, "[it] effectively grants a 'stay' of deportation that is renewable . . . every two years - essentially a promise from the government not to deport for a fixed period of time. Most notably, the government can rescind its "promise" for any reason, at any time.” Therefore, DACA actually isn’t that revolutionary in terms of immigration reform, more or less it is a rather milk toast solution with multiple loopholes. In order to be eligible for DACA, one must “have entered the U.S. prior to his or her 16th birthday, be younger than 30, have not been convicted of a felony, a large-scale misdemeanor or 3 minor misdemeanors, not propose a national security threat, and enrolled in a school or complete another qualifying education program” (Adams, Angela). These requirements at face value are rather broad, allowing cheating of the system, as well as discrimination of applicants under the requirement of being no threat to the United

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