DACA Phaseout is Chance to Rethink Policy, but RAISE Act is Wrong Answer

DACA Phaseout is Chance to Rethink Policy, but RAISE Act is Wrong Answer

In six months, the Trump administration will wind down the DACA program, which gives Congress an opportunity to not only help DACA participants, but to look at the big picture and ask ourselves fundamental questions. These questions start with “Who should we admit to the U.S.?” “how many people,” and “what kinds?”

Republican Sens. Tom Cotton of Arkansas and David Perdue of Georgia have introduced the RAISE Act in an attempt to provide new answers to the critical questions. But the plan, backed by Trump, is an overly simplistic solution to a complex issue. Given the provisions within the RAISE Act, it would reduce legal immigration by 50% within the next decade.

As far as Trump, Cotton and Perdue are concerned, the United States should only admit immigrants who are wealthy, speak English and have science, technology, engineering and math backgrounds. But they fail to address crucial questions.

Read the full piece on USAToday, here.

Cornell University Panel on Trump’s Immigration Executive Actions

Cornell University Panel on Trump’s Immigration Executive Actions

On Friday, September 8, I moderated a panel at Cornell Law School analyzing President Trump’s immigration executive actions. The panelists were three eminent constitutional law scholars: Michael Dorf from Cornell, Ilya Somin from George Mason, and Eric Posner from the University of Chicago. The panel discussed both the travel ban and DACA rescission litigation and the Ninth Circuit’s September 7 decision. It also provides a good primer on plenary power and executive power generally. Toward the end, I asked the panelists for their predictions on how the Supreme Court might rule in the travel ban case. Oral arguments in that case will be held in October.

Over 200 people attended in person, and many more watched via livestream. A video of the panel discussion is at https://cornell.hosted.panopto.com/Panopto/Pages/Viewer.aspx?id=157b5ce5-2e10-462e-8ed0-a641cf1dd6f5. The panel discussion begins at about minute 6:30, after the introduction by law school dean Eduardo Penalver.

Trump Administration Officially Moves to Rescind DACA; U.S. States and Immigration Groups Fight Back

Trump Administration Officially Moves to Rescind DACA; U.S. States and Immigration Groups Fight Back

I spoke with various media outlets in the wake of Tuesday’s news that the Trump administration would phase out the Deferred Action for Childhood Arrivals (DACA) program. The program, introduced under Obama, was a stop-gap way to prioritize who would be put into deportation proceedings while Congress took up the issue of immigration reform. This left Dreamers with a sort of quasi-legal status, vulnerable to a subsequent presidential policy reversal. It also leaves Dreamers who mount legal challenges to Trump — based on commitments made on the assumption that DACA would continue — subject to a judge’s finding they should have known it could be easily undone.

This past August, I and another 100 law professors signed a letter supporting the legality of Obama’s decision to enact DACA. In an interview with Mother Jones on September 5, I stated that the program’s creation was lawful and a proper exercise of prosecutorial discretion. “Nobody has the money or number of officers to be able to round up and deport 11 million unauthorized immigrants in the United States, so every president has to prioritize which ones they want to target. President Obama used that same prosecutorial discretion that other presidents had used before him to decide that the people we call Dreamers, as long as they have not committed any crimes, were really low-priority for deportation, and therefore he decided to defer their deportation for two years and along with that give them the opportunity to get work permits.”

In another interview with CNN, I explained that a court might rule that President Trump had a legal basis to terminate the program unilaterally because President Obama created the DACA program unilaterally through an executive action. However, given the current state of politics, it’s going to be hard to see how DACA can fit into the very busy legislative schedule to get done in the next six months.

The full list of articles I was interviewed for is here:

Featured image from LA TImes: http://www.trbimg.com/img-59aeb857/turbine/la-na-pol-trump-daca-20170904 

Trump’s Quiet Reversal on Deporting Young Undocumented Immigrants

Trump’s Quiet Reversal on Deporting Young Undocumented Immigrants

I spoke with Priscilla Alvarez about DACA students being deported for leaving United States. Although Trump has not immediately axed the DACA program as he pledged, DACA recipients are still at risk of being deported. Without advanced permission, known as advance parole, leaving the country is effectively abandoned DACA status. If DACA holders return, they are returning illegally and can be subject to deportation proceedings.

Visit The Atlantic to read the full analysis of the Trump administration’s actions related to the DACA program.

The Seattle Dreamer may go free but immigration activists might have already lost

The Seattle Dreamer may go free but immigration activists might have already lost

Seattle “Dreamer”, Daniel Medina, was released today after almost 7 weeks in detention. While this is a major short term victory, Vice News explains why Daniel Medina’s victory in immigration courts was not the original goal.

https://news.vice.com/story/the-seattle-dreamer-may-go-free-but-immigration-activists-might-have-already-lost