Omar Bennett
The Deferred Action for Childhood Arrivals (DACA) program was implemented by the Obama administration in 2012. It has been a subject of debate regarding its constitutionality. While some argue that it is an unlawful overreach of executive power, others defend it as a lawful exercise of enforcement discretion. The program has faced legal challenges, with critics asserting that it usurps Congress' role over immigration by allowing certain illegal immigrants to remain in the country without fear of deportation. President Obama himself acknowledged limitations to his authority, but also urged Congress to pass the DREAM Act, highlighting the complexities of the issue. The debate around DACA continues, with beneficiaries advocating for its importance in providing stability and opportunities.
| Characteristics | Values |
|---|---|
| Date of implementation | June 15, 2012 |
| Implemented by | President Barack Obama |
| Type of implementation | Executive action |
| Aim | To defer deportation proceedings for two years for qualified individuals who were brought to the United States illegally as children |
| Constitutionality | Uncertain |
| Legal status provided | Temporary |
| Pathway to citizenship | No |
| Eligibility requirements | Cannot have felonies or serious misdemeanors on their records, must be at least 15 years old when applying, cannot pose a threat to national security or public safety |
| Application process | Seven-page application, documentation proving eligibility, form and worksheet for employment authorization, total fee of $495 |
| Defended by | Obama Administration, NAACP |
| Opposition | Texas and 25 other states, Trump Administration, Attorney General Sessions |
| Court rulings | Preliminary injunction issued by Judge Andrew S. Hanen in February 2015, 4-4 split Supreme Court ruling in 2016, Fifth Circuit Court of Appeals upheld injunction against similar program DAPA in 2018 |
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What You'll Learn
Obama's DACA policy was likely constitutional
The Deferred Action for Childhood Arrivals (DACA) policy was implemented by US President Barack Obama in 2012. It followed a campaign by immigrants, advocates, and supporters to bring about comprehensive immigration reform. The policy was a response to the failure of the DREAM Act bill in Congress in 2011, which would have provided a pathway to permanent residency for undocumented immigrants brought to the US as children.
DACA was designed to remove immigration enforcement attention from "low-priority" individuals, and it allowed certain individuals who entered the US as children to remain in the country, work, and attend school without fear of deportation. To be eligible, recipients could not have felonies or serious misdemeanours on their records.
The Obama administration argued that the policy was a lawful exercise of the enforcement discretion that Congress delegated to the executive branch in the Immigration and Nationality Act. However, critics, including Jay Sekulow, Chief Counsel of the American Center for Law and Justice, asserted that DACA was unlawful and unconstitutionally usurped Congress's role over immigration.
Despite these criticisms, there are several reasons to believe that Obama's DACA policy was likely constitutional. Firstly, the policy was created within the framework of existing laws and did not provide a path to citizenship. President Obama himself emphasised this point, stating that DACA was "not amnesty, not immunity, and not a path to citizenship." Instead, it simply allowed eligible individuals to remain in the country temporarily and did not change their legal status. Secondly, the policy was implemented as an exercise of executive branch authority, which is granted to the President by the Immigration and Nationality Act for the administration and enforcement of the country's immigration laws. This suggests that Obama's DACA policy fell within the scope of his constitutional powers.
Furthermore, research has shown that DACA has had positive outcomes for its participants, including increased wages and improved mental health outcomes. It has also reduced the number of undocumented immigrant households living in poverty, and there is no evidence that DACA recipients have higher crime rates than native-born Americans. These positive impacts suggest that the policy has been beneficial for the country and further support the argument that it was likely constitutional.
While there have been legal challenges to DACA, with some arguing that it violated the Administrative Procedures Act or Article Two of the US Constitution, the Supreme Court has not set a clear precedent on the matter. In one case, the Court was equally divided (4-4), leaving the injunction against DACA in place without providing a definitive ruling on its constitutionality.
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DACA usurped Congress' role over immigration
The Deferred Action for Childhood Arrivals (DACA) program was implemented by the Obama administration in 2012. It was an executive action that provided a 2-year deferment from deportation for certain undocumented immigrants who entered the country as minors. It also allowed them to apply for work permits.
DACA was created in response to the failure of the DREAM Act legislation to pass in Congress. The DREAM Act would have provided a pathway to permanent residency for undocumented immigrants brought to the US as minors. However, it failed to pass in the Senate due to a Republican filibuster.
The Obama administration argued that DACA was a lawful exercise of the enforcement discretion that Congress delegated to the executive branch in the Immigration and Nationality Act. This Act charges the executive with the administration and enforcement of the country's immigration laws.
However, others have argued that DACA usurped Congress's role over immigration. For example, Jay Sekulow, Chief Counsel of the American Center for Law and Justice, opined that DACA was unlawful and unconstitutionally allowed certain classes of illegal aliens to violate US immigration law with impunity. He further stated that the president unilaterally rewrote the law through his actions.
In addition, some have pointed to statements made by President Obama himself as evidence that he acknowledged the limits of his authority on immigration. For instance, in October 2010, Obama declared, "I am not king. I can't do these things just by myself." Similarly, in March 2011, he stated that he could not "suspend deportations through executive order."
The debate over the constitutionality of DACA has continued, with various legal challenges and opinions offered by courts and legal experts. Ultimately, the fate of the DACA program may depend on the actions of Congress and the Biden administration.
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Obama's statements on his lack of power
The Deferred Action for Childhood Arrivals (DACA) program was implemented by the Obama administration in 2012. It is an executive branch memorandum that provides temporary protection from deportation and work authorizations for undocumented immigrants who were brought to the United States as children. While DACA was a significant step towards supporting undocumented immigrants, questions and criticisms have been raised regarding the constitutionality of the program and Obama's power in implementing it.
Obama himself acknowledged the limitations of his power regarding immigration policy. In October 2010, he stated, "I am not king. I can't do these things just by myself." Similarly, in March 2011, he remarked that he could not "suspend deportations through executive order." These statements highlight Obama's recognition of the constraints on his authority and the need for legislative action in immigration reform.
However, the implementation of DACA by executive action sparked debates about the separation of powers and the role of the executive branch. Critics, including Senator Chuck Grassley, argued that Obama's use of executive action without congressional support threatened the system of checks and balances established by the Constitution. They viewed it as an abuse of power and a unilateral overreach. Some even suggested that Obama's actions rewrote immigration laws, infringing on Congress's plenary authority over immigration policy.
While Obama urged Congress to pass the DREAM Act to provide a more permanent solution for undocumented immigrants, his administration defended the legality of DACA. They argued that DACA was a lawful exercise of enforcement discretion delegated to the executive branch by Congress under the Immigration and Nationality Act. This position was challenged by legal experts and a group of states who asserted that DACA usurped Congress's role and violated the Constitution.
In summary, Obama's statements on his lack of power in the context of immigration policy reflect a recognition of the limits of executive authority. While he implemented DACA as a temporary measure, he emphasized the need for congressional action and acknowledged that he could not unilaterally create immigration laws. The controversy surrounding DACA underscores the complex nature of immigration reform and the ongoing debates about the balance of powers between the executive and legislative branches.
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DACA's work permits altered immigration laws
The Deferred Action for Childhood Arrivals (DACA) program was implemented by the Obama administration in 2012. It is aimed at protecting undocumented immigrants who came to the U.S. as children, who are commonly referred to as "Dreamers". DACA provides temporary relief from deportation and allows recipients to obtain work permits, Social Security numbers, and state identification cards or driver's licenses. However, it does not provide a path to citizenship.
The legality of DACA has been a subject of debate and legal challenges. While the Obama administration argued that DACA was a lawful exercise of the enforcement discretion delegated to the executive branch by Congress, others have claimed that it usurped Congress' role over immigration law and illegally allowed certain illegal aliens to remain in the country. The program's constitutionality has been challenged in courts, with some arguing that it sets a dangerous precedent that weakens the constitutional balance of powers.
Despite the ongoing debate and legal challenges, DACA has provided recipients with the ability to work legally in the U.S. The work permits obtained through DACA are known as Employment Authorization Documents (EADs) and allow individuals to seek employment without disclosing their immigration status to employers. Employers are prohibited from requesting more or different documents than are required by the I-9 Form to verify employment eligibility. Once hired, employers typically do not ask to see the employee's work permit again unless it expires.
In addition to work permits, DACA recipients can obtain Social Security numbers, which can be used for filing income tax returns even if their work authorization expires. However, the Social Security number may not be used for employment purposes without a valid work permit.
While DACA has provided temporary relief and benefits to its recipients, it does not offer a permanent solution to their immigration status. The program has faced legal challenges and attempts to terminate it, creating uncertainty for DACA recipients regarding their future employment and career prospects.
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DACA's constitutionality was challenged in court
The Deferred Action for Childhood Arrivals (DACA) program was implemented by the Obama administration in 2012. It has been a subject of debate and legal challenges since its inception, with critics arguing that it is unconstitutional.
DACA was created to provide temporary relief from deportation and eligibility for work permits to certain young immigrants who entered the United States as children. While it has been a lifeline for its beneficiaries, with over 800,000 young immigrants benefiting from increased stability and opportunities, it has also faced legal challenges.
The constitutionality of DACA was first challenged in 2014 by Texas and 25 other states, all with Republican governors. They argued that the expansion of DACA by the Obama administration failed to enforce the nation's immigration laws, contravening Article Two of the U.S. Constitution. The states also claimed that the president unilaterally rewrote the law. As a result, Judge Andrew S. Hanen issued a preliminary injunction blocking the expansion while the case, Texas v. United States, proceeded through the court system.
In November 2016, a group of lawmakers urged President Obama to exercise his constitutional authority to pardon DACA recipients, highlighting the importance of protecting them from deportation. However, the Trump administration made multiple attempts to end DACA, arguing that it was an unconstitutional overreach of executive power. In 2017, Trump announced his decision to rescind DACA, stating that Obama had admitted that he lacked the constitutional and legal authority to implement it.
The legal battle over DACA continued, with the Fifth Circuit Court of Appeals upholding a nationwide injunction against the Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA), which was similar to DACA. The Supreme Court allowed this injunction to stand, emphasizing the separation of powers and the authority of Congress over immigration. Despite these challenges, DACA remained in place due to an equally divided Supreme Court ruling.
In summary, the constitutionality of DACA has been a highly contested issue, with legal challenges arising from multiple states and administrations. While DACA has provided crucial benefits to its recipients, the legal debate centers around the balance of powers between the executive and legislative branches in immigration policy. The ongoing legal challenges highlight the need for permanent legislative solutions to protect DACA recipients and address the complex immigration landscape in the United States.
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Frequently asked questions
Yes, Obama himself admitted that he did not have the authority to implement DACA. He also urged Congress to act, saying that "there is still time for Congress to pass the DREAM Act this year, because these kids deserve to plan their lives in more than two-year increments."
DACA stands for Deferred Action for Childhood Arrivals. It was implemented as an executive action by Obama in 2012 and allowed over 800,000 young immigrants to remain with their families in the United States.
Obama emphasized that DACA was a temporary policy and that it was not a pathway to citizenship. He also said that he was not "king" and could not implement immigration reforms unilaterally.
