Friday, a federal judge ruled in favor of Texas and eight other red states in ending Obama’s DACA program (Deferred Action for Childhood Arrivals.) It’s the program that prevents the deportations of illegal immigrants who were brought here as children. Currently, there are about 650,000 people enrolled, and while the judge didn’t remove protections from them, he said there can be no more applicants.
The ruling stunned Democrats and their media handmaidens, but it shouldn’t have. I’ve been writing for years about why DACA is unconstitutional. Even Obama himself said he didn’t have the power to do it before he went ahead and did it anyway. Since then, it’s been treated as untouchable holy writ, despite the fact that it was plainly unconstitutional and even its creator said so.
While critics will wail about the cruelty and unfairness of the ruling, how you feel about the law is irrelevant. As Governor of Arkansas, I saw no point in sending people who had been brought here as children, raised as Americans and gone to school on the taxpayers’ dime to be deported to where they couldn’t even speak the language just as they were about to become productive taxpayers. But the judge was only doing his job of upholding the Constitution. He made it clear that if Congress wants to create DACA, then Congress has to do it. Creating immigration laws is their job, not the President's.
Ironically, they could have done so years ago. This article talks about how President Trump unsuccessfully tried to undo Obama’s unconstitutional version of DACA and was thwarted by courts with far less regard for the Constitution. He actually wanted to pass a legitimate form of DACA, but Democrats in Congress were so furious that they lost the 2016 election, they refused to work with Trump even on things they wanted, like DACA or infrastructure spending. Now, what they call “infrastructure” and Obama’s version of DACA are both in jeopardy because they childishly ignored the rules, demanded more than was reasonable and just wanted to attack.
Why am I reminded of this Aesop fable?...