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HORIST: DACA Proves Trump a Constitutionalist

<p>Democrats are accusing President Trump of heartlessness in wanting to end the Deferred Action for Childhood Arrivals program &lpar;DACA&rpar; and suggesting that it is the first step toward deportation&period; &nbsp&semi;The major media is more than willing to legitimatize this false narrative in their unrelenting condemnation of the man they cannot accept as President&period; &nbsp&semi;This political fear mongering has lead to emotional demonstrations throughout the nation&period;<&sol;p>&NewLine;<p>In phase two of the DACA controversy&comma; the media narrative has Trump cutting a legislative deal with the congressional Democrats to give the DACA population permanent status&period; &nbsp&semi;One newsie reported that Trump is &ldquo&semi;softening his opposition DACA&period;&rdquo&semi; &nbsp&semi;Actually&comma; Trump has not changed his position at all&period;<&sol;p>&NewLine;<p>The problem with these political narratives proffered by the politicians and propagandized by the press is that they are not true&period; &nbsp&semi;In making and reporting such claims&comma; the press must be under the assumption that no one actually listens to Trump&rsquo&semi;s statements &ndash&semi; so they can report whatever suits their agenda&period;<&sol;p>&NewLine;<p>To understand what is going on&comma; we should revisit the history of DACA&period; &nbsp&semi;President Obama was under pressure to do SOMETHING about those 800&comma;000 to one million &lpar;depending on who is counting&rpar; young Americans who were brought into this country illegally by their parents&period; &nbsp&semi;Speaking as a highly acclaimed constitutional scholar and teacher at the prestigious University of Chicago&comma; Obama repeatedly lamented the fact that the Constitution prevented him from using the Executive Order power to address this issue&period; &nbsp&semi;It would be an abuse of power &&num;8212&semi; having the President usurp the authority of the Congress&period; &nbsp&semi;Presidents are not allowed to make laws&period;<&sol;p>&NewLine;<p>Inexplicably&comma; this constitutional expert one day did a full reversal and decided that he could protect the DACA folks with the presidential pen&period; &nbsp&semi;Not only did he ignore his many previous statements&comma; but so did the Congress to a large extent&period; &nbsp&semi;As one might expect in such cases&comma; the constitutionalists ran to the courts &ndash&semi; a long process that was not yet nearing completion&period; &nbsp&semi; It was not likely that a definitive court judgment would be issued before DACA expired in March of 2018&period;<&sol;p>&NewLine;<p>Oh Yeah&excl; &nbsp&semi;DACA was not a permanent solution&period; &nbsp&semi;In fact&comma; it was a bit of a political dirty trick&period; &nbsp&semi;Obama gave only a temporary reprieve&period; &nbsp&semi;The shadow of doubt lingered in the distance&period; &nbsp&semi;He extended DACA just long enough for him to take the bows and exit stage left&period; &nbsp&semi;He left the problem squarely on the desk of his successor&comma; who would have to decide to issue a new and likely unconstitutional Executive Order&comma; let Congress deal with the issue &lpar;which had not worked in the past&rpar; or just let the DACA people float into the sea of uncertainty from the temporary safe harbor&period; &nbsp&semi;The Obama successor also faced the real prospect that the Supreme Court would strike down the DACA Executive Order&period;<&sol;p>&NewLine;<p>Despite the anti-Trump negative spin&comma; it was quite obvious that the President wanted to find a way to normalize the DACA residents&period; &nbsp&semi;In ending DACA ahead of its termination&comma; he spoke of his affection for those who found themselves in immigration limbo&period; &nbsp&semi;He expressed his own assurance that Congress would rise to the occasion and normalize the DACA status by legislation &ndash&semi; lawfully and constitutionally&period;<&sol;p>&NewLine;<p>Unlike Obama&comma; Trump did not take the pressure off of a reluctant Congress&period; &nbsp&semi;He quadrupled it&period; &nbsp&semi;Once Trump made the announcement &ndash&semi; and before it was twisted beyond all recognition by the press &ndash&semi; it was apparent that Congress would have to act and would have to normalize the status of the DACA people&period; &nbsp&semi;Because of the division on this issue within the Republican Party&comma; it was equally obvious that it would be done in a bipartisan manner&period;<&sol;p>&NewLine;<p>Trump did not end DACA because he did not want to protect the status of those involved&comma; but because he wanted to bring about a permanent legal and constitutional solution&period; &nbsp&semi; So&comma; why did he end the program rather than just seek legislation&quest; &nbsp&semi;Trump understood that Congress would not act until DACA was terminated&period; &nbsp&semi;It is the nature of the national legislature to act only at the last minute&period; &nbsp&semi;<&sol;p>&NewLine;<p>Contrary to the reports&comma; Trump did not end DACA&comma; but promised to end it &ndash&semi; giving Congress sufficient time to take up and resolve the issue&period; &nbsp&semi;Had he just allowed the time to run out&comma; the program would have ended and Congress would have no time to pass corrective legislation&period; &nbsp&semi;Those 800&comma;000 DACA people would be at risk &ndash&semi; even though the risk is rather minimal that any sort of mass deportation would take place&period;<&sol;p>&NewLine;<p>Rather than demonstrating against Trump&comma; the DACA folks should be singing his praises&period; &nbsp&semi;By next spring&comma; it is more than likely that legislation will be passed to normalize the status of DACA immigrants &ndash&semi; and Trump will have achieved a great political victory by restoring a bit of the separation of powers that was blurred in the past&period;<&sol;p>&NewLine;<p>Tied to the DACA debate is the larger question of border security and THE WALL&period; &nbsp&semi;That is best left for a later commentary&period;<&sol;p>&NewLine;<p><em><strong>Larry Horist<&sol;strong> is a conservative activist with an extensive background in public policy and political issues&period; Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman&comma; and he has served as a consultant to the White House under Presidents Nixon and Reagan&period; He has testified as an expert witness before numerous legislative bodies&comma; including the U&period; S&period; Congress and lectured at Harvard University&comma; Northwestern University&comma; Florida Atlantic University&comma; Knox College and Hope College&period; An <&sol;em>award winning<em> debater&comma; his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation&period; He can be reached at lph&commat;thomasandjoyce&period;com&period;&nbsp&semi;<&sol;em><&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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