With the recent debate over DACA (Delayed Action for Childhood Arrivals), the current tenant in the White House had the chance to exercise leadership.

Once again, he muffed it.

It is bad enough that he caved to the threat of litigation by nine opportunistic state attorney generals threatening to challenge DACA, while ignoring the pleas of twenty other state attorney generals to leave DACA unmolested.

It is bad enough he ignored the advice of other elected officials from both parties, not to mention the overwhelming majority of America’s major business leaders, to leave DACA alone, and instead, catered exclusively to those who represent the basest nativist and prejudiced streak in our national character.

What is truly egregious, however, is that instead of at least having the intestinal fortitude to take ownership of his decision to kill the program, he trotted out Attorney General Jefferson Beauregard Sessions III to do the dirty work, a job Jefferson Beauregard Sessions III clearly relished, and one entirely in keeping with his past record on immigration and race relations throughout his checkered career.

Let’s be clear about one thing, the concept of executive grants of Temporary Immigration Relief did not originate with the president’s predecessor.

In 1956, 923 orphans were “paroled” by President Eisenhower under his executive authority, which made them eligible for adoption. Likewise, President Eisenhower, during the years 1956-58, “paroled” 31,915 Hungarians who escaped their birth country after an unsuccessful revolt against the Soviet Union.

From 1959-72, Presidents Eisenhower, Kennedy, Johnson, and Nixon “paroled” 621,403 Cuban asylum seekers fleeing the Cuban revolution.

“Paroled” means a temporary grant of legal status to immigrants who would not otherwise qualify for legal residence in the United State. This is essentially the same thing accomplished by DACA for those who meet its requirements.

According to statistics from the American Immigration Council, since 1962, there are at least 36 instances of executive grants of Temporary Immigration Relief. Even Ronald Reagan , of blessed memory, granted temporary relief to an estimated 302,000 individuals. This number does not include his “deferring deportation” for the children of approximately 100,000 families who applied to legalize their status under immigration reform legislation in 1986.

For Jefferson Beauregard Sessions III to infer that the evil Barack Obama acted without precedent, is, at best, disingenuous, and at worse, an outright lie.

Yes, I understand Jefferson Beauregard Sessions III dressed up his boss’s decision in a plausible legalistic defense. As a recovering lawyer myself, I can attest to the fact plausible legalistic defenses can be advanced for the most indefensible of actions.

Those eligible for DACA status were all minors, brought to this country, without their voluntary consent, by their caregivers. Among other qualifying criteria, they must meet stringent requirements as to age, and age at the time of their entry into the United States. A DACA applicant must have come into the country before 16 years of age. The median age for Dreamers coming into the United States is six years old. For most of these Dreamers, the United States is the only country they have ever known. They must have graduated from, or be working towards, a high school diploma or a general education certificate (GED). If a veteran, they must either be on active duty or honorably discharged. They must not have been convicted of a felony or a “significant” misdemeanor. They must pass a background check. They must not pose a threat to national security or public safety.

Those having DACA status are not on a path to citizenship, because there is no path to citizenship available. They have renewable two-year deferments from deportation procedures. They may attend school, hold a job, and pay taxes, including Social Security taxes, but are not eligible for government benefits—including Social Security benefits.

According to the largest study to date of DACA recipients, with a sample size of 3,063 respondents from 46 states and the District of Columbia, 97 percent of respondents were either employed or attending school. Of those attending school, 72 percent are pursuing a bachelor’s degree or higher. If small businesses are the engines of economic growth, 5 percent of respondents started businesses after achieving DACA status. Among respondents over 25 years old, this percentage increases to 8 percent. Among the general American public, the rate of starting a business is only 3.1 percent.

According to the Center for American Progress, DACA beneficiaries are predicted to contribute as much as $460.3 billion dollars to the United States Gross Domestic Product over the next 10 years, economic growth that would be lost with the termination of DACA without a replacement program.

These are the Dreamers Jefferson Beauregard Sessions III disparagingly referred to as “illegal aliens.”

The decision to terminate DACA has been made, and it is within the president’s power to make that decision. Having done so, he also has given Congress six months to find an alternative before the program is terminated.

Rather than providing the kind of leadership expected from any self-proclaimed Chief Executive Officer in working through this situation, the current tenant in the White House has evaded responsibility by punting the ball over to the House and Senate.

Congress should pick up the challenge, perhaps by taking up consideration of the already introduced, and bipartisan-sponsored , 2017 Dream Act, as a starting point.

Congress should act with all due haste on the issue of these 800,000 young people who are American in all but legal status. It should be a clean bill, not cluttered with bells and whistles favored by the president, such as funding for his boondoggle of a wall.

He had his chance to be part of the conversation. He lost that chance when he ran away from the problem rather than addressing it. He chose to tell Congress to find a solution, so let a bipartisan Congress do so on its own terms.

 

 

 

 

 

 

 

 

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