Tag Archives: DACA

Count the ‘persons in each state’

It’s a given that Donald J. Trump doesn’t know the U.S. Constitution, the document he swore on oath to defend and protect.

With that established, let’s understand that when Trump says that census counters are not to count undocumented immigrants as part of the 2020 census, he is violating the Constitution … which he doesn’t understand.

Trump wants to limit the count of those who are living here to just citizens, actual Americans. No can do, Mr. POTUS. That 14th Amendment to the Constitution, the one that talks about equal protection under the law, has this to say about how states must be represented in Congress:

“Section 2: Representatives shall be apportioned among the several States, according to their respective numbers, counting the whole number of persons in each State … “

If you look throughout the 14th Amendment, you will not find a word in it that stipulates that only citizens can be among the “whole number of persons” counted in each state. The framers threw open the counted to be “persons.” Citizens or non-citizens, documented or undocumented immigrants. They all count the same, according to the U.S. Constitution.

That is the basis for progressive groups complaining about the restrictions that Trump is seeking to place on the census takers.

This kind of ham-handedness would have an impact on Texas, which stands to gain as many as three new representatives once the census is taken. The state also is home to quite a large number of undocumented immigrants, which you know about already. Many of those immigrants happen to be “dreamers,” the folks brought here as children when their parents sneaked into the country to pursue a better life for themselves and their families.

Trump is trifling with the Constitution in a way that is going to do harm to communities and to states. He must not be allowed to get away with this attempt to pilfer power from states that deserve a loud and clear voice within the halls of government.

POTUS’s petulance on full display

“These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!”

“Do you get the impression that the Supreme Court doesn’t like me?”

Come on, Mr. Crybaby in Chief. You should know better than that, but you don’t.

The U.S. Supreme Court performed its duty in accordance with the U.S. Constitution, which you and the justices all took an oath to uphold, to protect and defend.

The court’s 5-4 ruling on the Deferred Action on Childhood Arrivals is a victory for reason, for humanity and for sane public policy. Its ruling is clear: You didn’t follow the law when you rescinded the order that kept DACA recipients from being deported to countries they never knew, as they were brought here as young children illegally by their parents.

And if you would read the Constitution, Mr. President, you would understand that the court’s decision isn’t about “liking” you. It has nothing to do with what the justices think of you personally … although I can deliver a fairly educated guess on how most of them might think of you. They keep those thoughts private, unlike you, who continues to blast out those idiotic tweets bitching about this and/or that policy matter that doesn’t go the way you prefer.

I’ve been watching politics for a long time, Mr. President, and I do not recall a president as thin-skinned and as churlish as you. I do remember that moment in the House of Representatives when President Barack Obama scolded the Supreme Court — whose members were sitting in front of him — during a State of the Union speech about its Citizens United campaign finance decision. I didn’t think that was appropriate, either … and I said so at the time.

However, President Obama didn’t blather on via Twitter the way you have done and you continue to do. Other predecessors of yours have taken their lumps like grownups.

Good grief, dude. Suck it up.

SCOTUS scores a win for DACA recipients

It looks for all the world as if the U.S. Supreme Court has been smitten by a case of humanity along with a touch of compassion.

The court issued a ruling, albeit a narrow 5-4 decision, that upholds the Obama administration’s executive order protecting the residency status of hundreds of thousands of folks who came here illegally, many of whom as children brought to the United States by their parents.

President Obama issued the order called Deferred Action on Childhood Arrivals, or DACA. It protected about 650,000 immigrants from deportation. Donald Trump rescinded that order. The high court, though, today said “not so fast.”

Chief Justice John Roberts joined the court’s four progressive justices in siding with DACA recipients, writing the opinion that said Trump’s order lacked sufficient legal foundation.

This a good deal. Many, if not most, DACA recipients have known no other country but the United States. Many of them are unfamiliar with their country of birth. They speak English. They attend school here. They work here. They pay U.S. taxes. They live as de facto Americans. Except that they aren’t citizens.

Donald Trump sought to ship them out, send them back to a country with which they have no understanding or familiarity. Politico reports: Roberts, who has emerged in recent years as a semi-regular swing justice on the court, wrote the majority opinion concluding that the decision to phase-out the program was unlawful because it did not consider all the options to rein in the program and failed to account for the interests of those who relied on it.

So the fight continues. It appears that the Trump administration will be unable to craft a new order in time for the November election.

My hope is that if Trump loses the election that the new president, Joe Biden, will scrap the effort to eliminate the DACA program and allow these once-young immigrants to continue to pursue their dream of living in the land of opportunity … provided, of course, that they seek to legalize their standing as U.S. residents.

Undocumented immigrants getting unfair punishment

Oh, if we only could muster up a bit of compassion in this country for U.S. residents who lack proper immigration documents, but who perform “essential” work, pay their taxes and behave themselves.

These folks are being neglected by the “economic stimulus package” that is being sent to millions of Americans. They won’t receive the help that is going to U.S. citizens.

Call me a bleeding heart if you wish. I’m OK with that as it regards this issue.

The Texas Tribune reports that roughly 8.2 percent of Texas’ workforce comprises undocumented immigrants. Yes, they are here “illegally” in the strict definition of the term. They face deportation by the Trump administration.

But they pay their taxes, giving money to the U.S. Treasury. They do not break other U.S. laws. They act as de facto law-abiding citizens. Except they are being shut out of the government’s economic stimulus initiative activated by the coronavirus pandemic.

I do not believe that is fair. It is as unfair as the effort to criminalize the Dreamers who live here “illegally” because their parents brought them to this country as children. They are recipients of the Deferred Action on Childhood Arrivals measure enacted by President Obama, but which was revoked by Donald J. Trump. The state and nation are full of DACA recipients who have lived as model “citizens,” even as they lack the documentation that grants them citizenship, or even legal immigrant status.

And so the unfairness is now spilling onto those who deserve some economic relief in this perilous time.

DACA appears to be on the ropes at SCOTUS

The word out of Washington, D.C. is out: The U.S. Supreme Court’s conservative majority appears to be readying a decision that will enable the deportation of U.S. residents who were brought here illegally as children by their parents.

Donald Trump sought to have them sent back to their country of origin, even though these individuals know only life in the United States. They are the Deferred Action on Childhood Arrivals recipients.

DACA might be on the ropes.

The court will issue its decision in mid-2020, at the height of the presidential election. One should be wary of trying to predict what the court will rule.

The president has seated two new members on the court, giving him a narrow but solid conservative majority. I realize that elections have consequences and we well might learn next year just how dramatic those consequences can get.

President Obama issued an executive order that granted temporary amnesty from deportation for DACA recipients. Trump took office and then rescinded that order. Critics, such as yours truly, have called the rescission a heartless act. DACA recipients by and large have grown up as de facto Americans. They aren’t citizens, but they are full-fledged residents of this country. Many of them have become successful in many endeavors.

What would happen to them if they are sent to countries they do not know?

Well, the highest court in America will deliver its decision in due course. The hearing today, according to those who heard it, suggests the court is leaning heavily toward backing Trump on DACA.

This well could be a sad moment for many hundreds of thousands of U.S. residents.

Fix the DACA mess; restore humaneness to our immigration policy

 ROBYN BECK/AFP/Getty Images)

A Facebook friend, a man I actually know and respect, brought up a point on an earlier blog post that I want to acknowledge here.

He agrees with my belief that the Immigration and Customs Enforcement agency needs to be repaired, not eliminated, but he cautions about the need to deal with the Deferred Action on Childhood Arrivals matter as well.

He is correct.

DACA recipients are being punished unjustly only because they were children when their parents sneaked them into the country illegally. The Donald Trump administration wants them deported. The president rescinded an executive order that President Obama signed that gave DACA residents a form of temporary amnesty from deportation.

ICE is under orders to find these folks and detain them.

This isn’t right. It’s cruel and it is inhumane to deport DACA recipients, many of whom have excelled scholastically in the only country they’ve ever known.

I should point out as well two previous Texas governors — George W. Bush and Rick Perry, both Republicans — have all but embraced the idea contained in the DACA executive order that Obama signed. They have supported initiatives, for instances, to grant DACA students in-state tuition at public colleges and universities in Texas. Why? Because they recognize the contributions these young students can make if they are allowed to succeed while continuing to reside in Texas.

ICE can do much good for the country as we seek to reform our immigration policy. I also agree with former Vice President Joe Biden, who’s campaigning for president, that the best way to ensure a thorough and lasting repair of ICE is to change presidents. Donald Trump won’t do it.

Indeed, DACA reform must be part of any effort to re-humanize our nation’s immigration policy.

What about those DACA recipients?

You remember the folks who were granted resident status under the Deferred Action for Childhood Arrivals, correct?

Yep, those are the DACA movement folks who have been swallowed up by the political debate over whether they should be deported to countries they’ve never known.

As the country writhes in pain over the latest spasm of gun violence, much of it aimed at Latin Americans who have come to this country, I want to revisit briefly an issue that seems to have been shoved under the bed.

Donald Trump rescinded Barack Obama’s executive order granting DACA status to those who came here as children when their children entered the country illegally. DACA recipients were deemed to be criminals, even though many of them came here as small children.

Many of them have come of age as de facto Americans. They have performed well in school. They have earned academic honors. They have succeeded in business. They have reared their own families.

Oh, but they are “illegal residents” of the only country they have known. Their country of origin is a foreign place. They have no ties to them.

I want the Democratic Party presidential candidates to speak more clearly about how we can settle this DACA matter. My own preference is for them to pledge to restore the DACA standing given them by President Obama. Allow them to work toward citizenship or permanent resident status. Do not deport them, sending them to countries for which they have no connection.

Yes, we need to discuss the shootings. We need to search for ways to end this violence. We need to stem the hate speech that prompted someone to murder those victims in El Paso.

We also need to find a solution to the DACA matter that lingers. Kicking them out of the country is no answer.

Why punish DACA recipients for their parents’ ‘sins’?

The Deferred Action for Childhood Arrivals is in the news again. Indeed, it never seems to go away largely because some in Congress want to eliminate an executive order that President Obama signed in 2012.

For the life of my I keep asking: Why must we punish law-abiding U.S. residents for something their parents did when their children were too young to resist?

Obama signed the DACA order to protect those who came here as children when their parents entered the United States illegally. Many of those DACA recipients came here as infants or toddlers. Mom and Dad entered the United States in search of a better life. They just didn’t get into the country legally. They snuck in under the proverbial radar.

Over the years, many of those children grew into responsible adults in the only country they knew as young adults and older. They were educated in our schools, they attended college, they graduated with honors. They went to work. They have paid their taxes. They have lived as de facto U.S. citizens, except that they’re here illegally.

Barack Obama intended to protect them from immediate deportation, enabling them a path toward obtaining citizenship or at minimum permanent resident status.

Then Obama left office. In comes Donald Trump, vowing to eliminate the DACA order. He did so. He ordered the immediate deportation of these individuals. Why? Because in the strictest definition of the word, they are “lawbreakers.”

I admit — albeit grudgingly — that Trump is right. Technically, that is. The more humane approach would be to extend DACA benefits for those who came only because of something their parents did.

A federal court panel has just ruled that Trump’s order rescinding the DACA order was “arbitrary and capricious.” The president is sure to fight it.

I just am baffled that the administration continues to insist on punishing U.S. residents only because they happened to be born to individuals who sought to skirt U.S. immigration law in search of a better life for their families.

I’ll divulge a little secret about Donald Trump’s Cabinet. It happens to include a gentleman — Energy Secretary (and former Texas Gov.) Rick Perry — who once touted the notion of allowing DACA recipients to pay in-state college tuition prices, the same as any resident of Texas. So, you see, Trump hasn’t surrounded himself totally with heartless ideologues.

If only he would listen to others in his administration who share Rick Perry’s view that DACA does more good than harm for the United States of America.

Immigration reform? Remember that matter?

The nation is getting all tangled up in this discussion over whether to build Trump’s Wall along our southern border.

Democrats and a growing number of Republicans don’t want it; Donald Trump’s followers — led by the cadre of talk-radio blowhards — are all for it.

What I am not hearing — maybe I’m not paying enough attention — is any serious discussion about how we might actually apply a permanent repair to the problem of illegal immigration.

How about turning our attention to serious immigration reform legislation?

We keep making feeble attempts at it. We get sidetracked and discouraged because too many members of Congress are resisting those calls for reform.

Then we hear about data that tell us that a huge percentage of those who are in the United States illegally are those whose work visas have expired. So, they arrive here legally but become illegal residents because those visas have run out. These one-time legal residence then are called “criminals” and “lawbreakers.” The become fodder for the president and his supporters to erect that wall along our southern border.

Can’t there be a concerted push to hire more administrative personnel for the Immigration and Naturalization Service to process these visas or to speed up citizenship requests from those who want to become Americans?

The president did offer a form of compromise during that partial government shutdown by suggesting a three-year reprieve from deportation for so-called Dreamers, those who were brought here as children when their parents sneaked in illegally. That’s a start. However, Donald Trump connected that idea with more money to build his wall, which made it a non-starter for those who oppose The Trump Wall.

So now the president has declared a “national emergency.” There is no such thing on our border with Mexico. The only “emergency,” it seems to me, rests with the interminable delays that occur when foreign-born residents’ work visas run out or when they seek citizenship to the Land of Opportunity.

How about getting busy applying a permanent repair to the problem?

Dreamers must be a part of this shutdown solution

Donald J. Trump has managed to return the so-called “Dreamers” to the top of our minds as he and Congress hassle with each other over how to resolve this idiotic partial government shutdown catastrophe.

The Dreamers are those U.S. residents who were brought to this country illegally by their parents. Most of them likely came here as children. Perhaps they were babies, toddlers, very young people.

They were granted special status by Barack Obama who signed an executive order establishing a rule called Deferred Action on Childhood Arrivals. Donald Trump rescinded that order, effectively putting these DACA recipients on notice that they would be deported, sent back to the country of their birth.

The government is partially shut down because Trump wants to build The Wall along our southern border. Congressional Democrats oppose it.

Then the president offered to give DACA recipients a three-year reprieve from deportation provided Congress allocates $5.7 billion to build The Wall. He has inched a little closer to the other side.

The Dreamers need to be given a break. They are here because of an illegal act that their parents committed. These U.S. residents — de facto Americans — need not be punished because they were too young to refuse to follow Mom and Dad across the U.S. border illegally.

Trump, though, faces pressure from his far-right flank. Talk-show hosts hate the DACA rule. They want all these individuals who know no other country than the United States to leave this country. Their uncertain future? Big deal, the right-wing talkers say. It’s not their problem.

I want the Dreamers to get a break. I want them to live in the country of their parents’ choice without fear of being sent into the great unknown.