Why There May Not Be Any DACA Fix

Over the years I have seen a lot of wonderful foreign students pass through my classroom doors. They have been, for the most part, very hardworking and attentive. Many have spoken to me about their plans to remain in the United States after their educations were completed. Others discussed returning to their home countries and utilizing their newly acquired English language skills to start businesses or work in international trade or finance. Some were unsure of their long term plans, but they were enjoying their adventure of being a foreigner in another land in much the same way that so many generations of Americans have traveled abroad to expand their personal horizons.

We, however, have another unique class of “foreign student” here in the United States, those who were brought here as children by parents who illegally entered the United States. Some of these individuals have strong ties to their native countries; others are as American as apple pie. All are living in legal limbo, and President Trump’s decision to end the DACA (Deferred Action for Childhood Arrivals) policy that was instituted through an executive order by President Obama has thrust the fates of these children, adolescents, and adults—not all of whom, of course, are now or ever were students—into the spotlight.

Congress is today on the hot seat to provide a legislative solution before the March deadline by which DACA will fully expire. Although it is still possible that a solution will be found, my sad prediction is that nothing will be resolved, which will force the roughly 750,000 men, women, and children impacted to eventually leave the United States. If this happens, it will not be primarily due to either heartlessness or hatred—although many will present it this way. It will instead occur because these lives will be forfeit to the political needs of those on both sides of the issue.

Donald Trump ran for President on a platform that promised to both kick out illegal immigrants and restrict the flow of legal immigrants from countries known to support terrorism. Although many of those previously covered by DACA fall into a special category that even President Trump agrees deserves some special consideration, their fate is inextricably bound to other immigration-related issues he has advocated, which include significant changes to our visa programs and construction of a border wall with Mexico. At this point in time he has little incentive to compromise on any of his campaign pledges, and the possibility that Congressional Democrats might impede the passage of a federal budget as a form of negotiating leverage, forcing a government shutdown, must make President Trump and his supporters rub their hands together with glee. Any further opportunity to weaken federal bureaucracies that have been distinctly unfriendly to his policies and programs is likely just fine with him, and Mr. Trump will certainly enjoy the opportunity to castigate Democrats for their intransigence.

Democrats will have their own problems with giving ground to smooth a compromise solution. Because a substantial portion of their most passionately supportive voter base resides in Sanctuary Cities or, under a new law that went into effect in California at the start of this year, a Sanctuary State, there will be little appetite for anything other than a total victory that immediately grants full citizenship—or an expeditious and easy path toward it. This will, however, likely block any possible deal because many in Congress—mostly Republicans but some Democrats as well—will be much more comfortable with a renewable application for residency and the right to study or work that will be, more or less, a permanent version of the short-term solution that DACA represented. Nonetheless, even a whiff of compromise with a President who is widely and wildly reviled by liberal Democrats is going to be functionally impossible because many will see the least accommodation as total surrender—and their vociferous opposition would scuttle any deal.

These are significant—and perhaps intractable—problems that will make any solution for those whose continued residency is jeopardized by the end of the DACA program very difficult to achieve. However, there is one additional twist to this issue that haunts my somewhat cynical view of professional politicians and their motivations—motivations which are sometimes quite different from those of the nation they profess to serve.

Although many are certain the Democrats will do everything possible to “save” those who might otherwise be forced to leave because they will potentially gain several hundred thousand new voters in key electoral states such as California, Texas, and New York, the cold political reality is that the Democrats might secure far greater political advantage by failing to cut a deal. People rarely are motivated by an injustice that is averted, but the level of outrage large-scale deportations would generate among key Democratic constituencies could drive stupendous increases in donations from wealthy liberal individuals and progressive groups. Given the well-documented fundraising woes of the Democratic Party since Hillary Clinton’s devastating defeat last year, this could be a perverse incentive to negotiate less ably.

Moreover, 2018 midterm Democratic electoral campaigns could focus on the need to elect more progressives in order to stop President Trump’s entire agenda, which liberals characterize as venomous toward the vulnerable, and the failure to reach a deal to protect those formerly protected by DACA could provide a useful focus for the rage of the “Resistance”, whose energy and dedication will be key factors in motivating voters. It does not take much effort to imagine the wave of outraged press conferences and tear-jerking campaign ads painting President Trump and the Republicans who support him as inhuman monsters who cruelly tear apart families and destroy innocent lives. Fundraising appeals and campaign speeches could even promise an immediate vote on impeachment if enough seats are flipped in the midterm elections, which would encourage a lot of frustrated liberals and left-of-center moderates to both donate and vote for Democratic candidates.

As much as I would like to believe a sensible and fair deal that will allow those who are hardworking and law abiding to remain can happen, I cannot help but wonder whether compromise is possible or—for some among the Democratic Party leadership who might believe they can win by losing—even all that desirable.

Pay close attention, America. The next couple of months could reveal much about the men and women leading our nation.

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