The DACA Dilemma

President Trump’s decision to end the DACA (Deferred Action for Childhood Arrivals) program, which had prevented most deportations of those brought here as children by parents who entered the country illegally, ignited a firestorm of condemnation this past week. One would certainly have to be hard hearted to not sympathize with the plight of those who are “American” in every way except their citizenship, and most Americans seem to be in favor of federal legislation that will offer a path to citizenship for those who meet certain criteria. The very fact of the DACA program, penciled into existence as an executive order by President Obama in 2012 after Congress failed—yet again—to pass comprehensive immigration legislation, speaks to both the complexities and contradictions that bedevil any resolution to this issue.

The most obvious complexity surrounding those children, adolescents, and (now) adults who were temporarily protected from deportation by DACA is that many in Congress fear granting special status or even outright citizenship to them is essentially a reward to the parents who smuggled them into the United States—and may encourage other foreigners to do exactly the same to secure U.S. citizenship for their children.

I am old enough to remember the “one-time-only” amnesty during the 1980’s Reagan administration that was supposed to fix this problem—once and for all. The crux of the problem is that rewarding people for any bad behavior will—even if you wag your finger forebodingly—only encourage more of the same. Providing an express route to citizenship for those who were protected by DACA will likely serve as an irresistible temptation for yet more undocumented parents to smuggle their equally undocumented children over the borders in the years ahead—count on it.

Any legal solution is guaranteed to anger advocates on either side of this issue. If we grant a loophole in established immigration law, parents with children will continue to have a huge incentive to sneak into the country. If we establish an arbitrary cut off—for example, if we provide permanent residency or citizenship only for those who arrived before DACA was first established—we can expect protests from both those who arrived afterward and were led to believe they would be protected from deportation indefinitely and those states that are most impacted by illegal immigration and expected President Trump to honor his campaign pledge to end the DACA program soon after he was elected. If we move to immediately enforce the law and simply deport all those who are residing here illegally now that their DACA protections are gone, it would obviously be wrong to ask those individuals to suffer due to the lack of permanent fix to a supposedly compassionate temporary policy that has now left them without both home and country.

Of course, whatever the outcome of this debate, we must remember that DACA was not a law—it was an administrative bandage put into place by President Obama that was of questionable legality and completely ignored actual Federal law. One of the reasons President Trump has ended the DACA program now is that his administration was about to be sued by states that wanted it ended immediately—and very likely would have prevailed in court. The six month delay in enforcement that he has insisted upon will at least provide a window for Congress to finally craft a permanent legal solution to this issue that will combine compassion and common sense.

Cue the contradictions.

As is the case with most thorny issues, this one is made yet more difficult by both politics and money. Those on both sides of the debate on this matter are often compromised by self-interests that lie just beneath the surfaces of their sanctimonious rhetoric. If this were merely a matter of providing a reasonable solution that balances practicality and the eternal American promise of fair play, it would likely have been resolved long ago.

Up until recently, organized labor and their supporters in the Democratic Party were totally adverse to the idea of an illegal immigrant amnesty because it was presumed the net effect would be to take away jobs from Americans and depress wages. However, now that Democrats are anxious to firm up the electoral firewall that so spectacularly failed Hillary Clinton last year, support for immigration—both legal and illegal—has become a litmus test for the Party and it members, who presume this issue will work to their advantage with a fast-growing Hispanic population and animate their core of liberal voters. Not surprisingly, Republicans are allergic to creating more potential Democratic voters in states like California, Texas, Illinois, New York, and Florida that are both heavy on electoral votes and packed with individuals affected by a DACA repeal. Whatever else is said by politicians on both sides of this issue, any solution to the problems posed by DACA and its repeal is affected by cold calculations regarding electoral loss and gain.

The monetary component of the problems regarding DACA—and most other immigration issues—is that many major employers in localities and states across the nation are heavily dependent on foreign workers. Tech companies in California and elsewhere—Apple, Google, Amazon, and Facebook among others—are anxious to keep open their pipeline to computer programming and software design talent from abroad, and they are terrified of any effort to restrict immigration or ramp up enforcement of existing laws because it might impact their ability to move new products and services to market and decrease their amazing profitability. On the flip side, industries that need a steady stream of compliant and near-invisible employees to perform dirty and often dangerous jobs—seafood and meat processors, hotels, restaurants, and un-automated factories being the most visible examples—worry that the loss of illegal immigrant labor will lead to wage pressures that will erode their sometimes marginal profitability. Our high-flown rhetoric is often contradicted by our base economic needs.

The political and economic factors that warp any discussion about immigration—legal or otherwise—have always been with us, and passing laws that are both practicable and humane will always involve compromises that will leave few happy and many dissatisfied. However, compromise we must. For either side in this debate to continue to press for pointless ideological purity is to condemn us all to partisan and damaging arguments that could leave us no further along to reaching a resolution that will allow those who grew up feeling like “Americans” to become Americans in fact—under a Federal law that will, we hope, be both fair and Constitutional.

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