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Forty years ago, Republicans and Democrats passed the Comprehensive Immigration Reform legislation. It included a grand compromise: Amnesty for illegals currently in the country and a commitment to secure the border so that this would be the LAST amnesty.
Guess what? The border was not secured.
During the Obama administration, pressure built for new amnesty legislation. This time, the Republicans wanted something more than a promise to secure the border. They wanted a wall. Democrats would not agree to a wall, so Republicans refused to agree to a new amnesty.
During this time, a new term entered our vocabulary — the Dreamers. These were people brought into the country illegally when they were young children. They had no connection to their home county. They were, and are, very deserving of sympathy and compassion. When it became clear there would be no new legislation, Obama repeatedly stated he was without the authority to protect the Dreamers. After months of saying he could not act unilaterally, Obama acted unilaterally. Citing the concept of prosecutorial discretion, Obama simply declared that all the Dreamers could stay — forever.
Biden also invoked Prosecutorial Discretion to announce that everyone gets to stay.
Were these actions a totally unprecedented and inappropriate use of prosecutorial discretion? Yes. Has the Supreme Court issued any rulings on this subject? No.
Well, there is now a new prosecutor. His name is Trump. Does he have discretion to deport the Dreamers? Yes, he does. Congress has never passed any legislation for the Dreamers. A prosecutorial decision not to prosecute someone does not make their illegal acts suddenly legal.
Does Trump want to deport the Dreamers? I doubt it. Dreamers still invoke sympathy and compassion. But, after Obama’s lawless act, and Biden’s lawless acts, law-abiding citizens are absolutely justified in being angry. The Democrats acted in bad faith 40 years ago, they acted in bad faith 10 years ago, and they acted in bad faith throughout the Biden years.
If Trump tried to deport a Dreamer, would a Federal District Judge issue an injunction to stop him? Absolutely. Would that district court judge be upheld on appeal? He shouldn’t be. There is zero precedent for the notion that one prosecutor can bind a future prosecutor by the use of prosecutorial discretion.
Do Dreamers have some sort of due process rights that other illegals don’t have? Some district judge will say yes, but when he does, he is just making stuff up.
Obama and Biden have taken immigration law to the top of a skyscraper and thrown it out the window. Instead of an orderly, lawful process, we have 30 million shards of glass on the ground. It is Trump’s job to clean up the mess. Trump would like to use a broom. The Democrats insist he must use tweezers. The Democrats have not acted in good faith regarding immigration for over fifty years. The best solution to today’s problems is thoughtful legislation from Congress. Such legislation will not receive a single Democrat vote.
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Discussion (10)
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I can have some sympathy for the "Dreamers" but ultimately the fault/blame is with their parents, not the US. Children suffer every day from their parents committing crimes, I'm not sure the "Dreamers" need special treatment beyond what US citizen children get when their parents commit crimes.
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I’ve always thought that whoever brought them here should pay the price. The dreamers may deserve compassion, but not the parents. Send the parents back. Otherwise it’s just another case where there are no consequences.
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But then you're "separating families!" etc. But of course that's not a problem when Obama and others on the left do it.
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The "broom" vs. "tweezers" metaphorical comparison is spot on!
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