DACA ruled unconstitutional

On Wednesday, September 13, a federal judge in Texas has ruled that DACA or Deferred Action for Childhood Arrivals, a policy promulgated during the Obama administration, as unconstitutional. This band-aid solution was enacted in 2012 by virtue of presidential fiat as a temporary relief for the Dreamers until Congress passes a solution for the hundreds of thousands of young immigrants who are here in the US illegally through no fault of their own. More than ten years have passed and in a few cycles of election promises, Congress still has not lifted a finger to ensure the certainty of the immigration status of these undocumented youth. Even as DACA was declared void, the judge still allowed those who have already been admitted in the program to continue but barred the processing of new applications. Current DACA recipients are still protected from deportation and are allowed to work but for those who are yet to apply, they may have to wait until the fate of this policy gets decided upon, most likely on appeal, by the US Supreme Court.

With or without a final decision by the highest court, Congress should finally do something about the Dreamers. The problem of immigration in the US is so complex that it may have to be solved through some small and piecemeal legislative actions. Using this approach specifically for DACA provides a sense of stability and certainty for the future of this particular segment of undocumented immigrant population. Waiting for a comprehensive, top down, bottom up revision of all our immigration laws, leads to an assured result of inaction and colossal waste of time.

***

Another very hot issue that is simmering right now in immigration front is the crisis at the southern border where thousands of migrants are looking to enter the US. The US Border Patrol has made a record number of arrests, not just individuals, but families traveling together with the hopes of a better life in the US. The State of Texas, which is highly inundated with high number of migrant crossings, sought to alleviate the chaos by sending these migrants to other states and cities as far as California, New York, Massachusetts and other sanctuary cities. These states, already faced with their own fiscal struggles, have to accommodate the surge of migrants coming in their cities. The governor of Massachusetts had already declared a state of emergency, mobilizing its own National Guard to act as rapid response teams in response to the declaration. Sooner than later, other states would follow in declaring their own state emergencies, and there is no telling when this humanitarian crisis will end. In the meantime, taxpayers would have to shoulder the financial and social cost of this national problem until such time Congress and the Biden administration can get their act together.

Keep in mind that the US is in the midst of an election cycle. Watch out for those politicians - from both Democrats and Republicans, promising to finally fix immigration woes, yet all goes to nothing after the elections.