Pros And Cons Of DACA

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Jesse Glazier Professor Rohlicek Poly SCI 200 May 8th, 2018 DACA – Legal and Necessary Deferred Action for Childhood Arrivals, or DACA, was an executive order by Barack Obama which allowed “certain undocumented immigrants who were children when they were brought to the U.S. to apply for deferred action, and to be eligible for work permits” (Hughes). Opponents of the order question the legality of its creation and claim the program is subject to fraud. Supporters of DACA say it protects people who should not be punished for the actions of their parents and that it puts a band aid on a blatant hole in current immigration laws. The business community almost universally supports DACA, and claims repealing it will hurt the economy. Arguments …show more content…

as children to gain a pathway to permanent legal status” (LawLogix). The act has been debated and revised and debated again by Congress ever since, but no version of the bill has yet passed. After over ten years of Congress failing to address the problem, Obama took action by issuing a memorandum to the Department of Homeland Security in 2012, effectively creating DACA (LawLogix). Those benefitting from DACA are often referred to as Dreamers, despite important differences between the two policies. DACA’s “deferred action” means removal proceedings can be suspended for an individual at the DHS’s discretion. The benefit can be revoked at any time and it does not offer a direct path to citizenship or even permanent residence (Immigration Equality). It is a far cry from the rights initially intended by the DREAM …show more content…

The most powerful complaint against it is that it was created illegally and that its creation violates the rule of law (Investors Business Daly). The rule of law is notoriously difficult to define, but it approximates to an attempt to separate the will of an individual or a small group of individuals from the law – “a government by law, not men” (American Bar). The assertion is that Obama created immigration policy unconstitutionally and intentionally, acting more like a king than a president (Pavlich). But the concept of the rule of law is not that we blindly follow the law regardless of its reasonableness. As Elizabeth Cady Stanton put it, “To make laws that man can not and will not obey, serves to bring all law into contempt.” (American Bar) Enforcing laws that cannot be obeyed undermines the authority of the legal system, and, as Wertime points out, “that’s not how law works in this country, or ever has… In the United States, law does not become unmoored from ethical and moral considerations at the highest reaches. Instead, it becomes ever further bound up in them.” The idea that a child, brought to this country by his parents, broke the law by not running away from them at the border, and should now be considered a criminal based on that action is ludicrous to the point of either stupidity or insanity. And most of us recognize this, as only 15 percent (still far too many) of

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