The DACA program itself, created by President Obama, was arguably a stretch of his executive powers. With the limited resources available to law enforcement, any cop will tell you that it is impossible to prosecute every crime committed. Instead, they use their discretion when deciding whether to prosecute a crime. Have you ever been pulled over for a traffic violation and just been given a warning?
But, to put into place a formal program to intentionally ignore an entire class of acts, including implementing a formal application process that even includes paying a $495 registration fee, goes beyond what any reasonable person would describe as prosecutorial discretion. In fact, President Obama himself described the action as a temporary fix to an emergency issue until Congress could address the issue.
So, of course, as President, Trump had every right to take rescind Obama’s action and dissolve the program. He could have dissolved it instantaneously rather than give it six months. He did not even have to give a reason for his action if he did not want to.
However, as we all know, one can do the right thing for the wrong reasons, and here is a perfect example. Trump claimed that his duties to the Constitution required that he dissolve the program, citing that we are a nation of laws. This is a very logical, reasonable, and justified explanation, and if it had come from any other President, I could believe it.
But, since almost every action President Trump has taken since becoming President has made a mockery of the Constitution and the Rule of Law, cumulating with the pardon of Sheriff Arpaio less than ten days ago, can anyone really believe that this is the real reason he has dissolved the DACA program? Really?
The only logical reason for Trump taking this action at this time is to give him leverage over Congress. He can use this as a way to force Congress to fund his ridiculous wall. The more cynical among us might even view this as a tactic to further distract Congress, and the country, from the ongoing Russia investigation.
One key insight into his real reason is the timing of his action. The DACA program has been in place for several years, and there was no urgency to take this action right now. Not only did has it not caused problems, it has allowed immigration enforcement agents to concentrate their limited resources on illegal immigrants that had committed crimes and are a danger to our society. Between Hurricane Harvey’s devastation, the North Korea situation, Congress’ already packed agenda, and the impending Hurricane Irma damage, one would have to be clueless or have an ulterior motive to take such an action now. So which it is, Mr. President?
If Constitutional concerns were really the issue, President Trump could have taken this action immediately after taking office. But he didn’t. He waited until this month, when Congress will be dealing with raising the debt ceiling and providing the funding necessary to keep the government operating, including any potential funding of his wall.
Using innocent children as pawns in a political game of cat and mouse is despicable, an abuse of presidential authority, and a disgrace to our country.
When are our other Republican leaders going to stop supporting Trump’s outrageous and un-presidential conduct? Do they not realize that their silence is just further enabling him? Do they not realize that there is a right way and a wrong way to get things done?
Republican leaders may think they are protecting the party by not calling out President Trump personally for his unacceptable conduct. But they are wrong. Their duty is to the Constitution and to the People, and any actions taken that put the Party over the People are short sighted and will only hurt the party in the long term.
Any politician who is defending Trump’s action at this time is equally reprehensible and voters will remember that at the next election.
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