Issa Calls for End to DACA
Congressman Daryl Issa (R-California) is circulating a sign on letter to members of Congress that calls on the President to end the Deferred Action for Childhood Admissions program and to resume the deportation of the DREAMers who have benefited from DACA over the last two years. DACA allows certain people who came to the US as children and who have stayed out of trouble and pursued education or the military to be able to remain in the US and work legally. More than half a million people have signed up for DACA to date. According to Elise Foley at Huffington Post, 33 members of the House (all Republicans) have signed the letter.
Issa’s pushing this is a bit of a surprise as my impression had been that he was interested in being a deal maker on immigration. He’s now going to be identified with the extremists by virtue of this effort.
Update: Talking Points Memo has posted the letter here.
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- Immigrants of the Week: Andrew Cherng & Tsiang Cherng - February 24, 2020
12 comments
Yeah this one is really surprising.
President Obama is doing a good thing in trying to help the DREAMERS, but as they say, the road to Hell is paved with good intentions. What will happen if the next president views the situation the way Congressman Daryl Issa does? The DACA recipients have admitted alienage and that they are in the US in unlawful status. A nasty president can tell DHS to pick up everyone who has received status under DACA and detain them until they have had removal proceedings and can be deported. Their hearings will just be formalities. Receipt of DACA status standing alone is prima facie evidence of deportability, It isn’t likely that any president would do this to young children, but many of the DACA recipients will be adults when the next president takes office. If you want to hear more about my views on DACA, see my article, “DACA – Lessons Learned. http://discuss.ilw.com/showthread.php?36782-Article-DACA-%96-Lessons-Learned-By-Nolan-Rappaport
Deferred Action was known as non-priority before this benefit was granted for John Lennon in 1975. Shortly after that the name changed to deferred action and was used for individual cases recommended by INS District Directors and approved by INS Regional Directors. The action by President Obama was legal, but used an existing benefit in a manner different than what was intended.
As an immigration manager, I commented on DACA during the internal comment period in 2010. While I believe the benefit was misused, it would now be a miscarriage of justice to deport those who came forward in good faith and identified themselves. I spent 39 years with immigration and recommended several cases for Deferred Action over the years. These were extreme hardship cases.
Why would it be a miscarriage of justice to deport them? No one has told them that they are getting permanent relief. Their status is temporary. They are getting temporary relief from the fear of deportation and temporary work authorization. And both can be taken away at any time. Given the fact that few of them would have been placed in removal proceedings even if they hadn’t been given DACA status and they could have worked anyway, DACA status isn’t much of a benefit. And the price is high. They are exposing themselves to the possibility however remote it might be, of being pushed rapidly through removal proceedings if someone who thinks the way Issa does becomes president. A
I set up the amnesty program in Central California in 1987. For six ;months I worked all day, then went out at night to speak to Hispanic at PTA meetings, church groups, etc. It took a lot of effort to convince people that the Immigration Reform and Control Act was not a scam. There was a reason INS officers were required to speak Spanish. Part of the law was a legal prohibition from using information given on legalization applications and interviews for deportation later. This was a good law and fostered confidence in the Hispanic community the INS could be trusted. 85% of amnesty applicants came directly to the INS and bypassed the QDEs the law provided for, thinking people would not trust the INS. Most of the QDEs were scams.
Now we have DACA. I opposed the program in writing following the July 2010 proposal sent to USCIS management. However, since it has been implemented, I believe the information furnished by applicants should not be used against them unless they are convicted of a crime. Its unlikely these applicants will ever face deportation. Many will eventually marry citizens or lawful residents and otherwise qualify to immigrate. I want these people to be good citizens and love America. That is best done if we treat them fairly.
This is what DHS says about how the information submitted by the applicants can be used. Note the last sentence in particular, which states that how the information is used can be changed at any time without prior notice.
“Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcement under the criteria set forth in USCIS’s Notice to Appear guidance (www.uscis.gov/NTA). Individuals whose cases are deferred pursuant to the onsideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals request, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor.
This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil,
or criminal matter.”
DHS Deferred Action for Childhood Arrivals, Frequently Asked Questions, “Q10: Will the information I share in my request for consideration of deferred action for childhood arrivals be used for immigration enforcement purposes?” http://www.dhs.gov/deferred-action-childhood-arrivals
I don’t think it is all that surprising. Issa’s district is in San Diego county, which has traditionally been anti-immigrant. He aligns himself with his electorate. The recent demonstrations in Murrieta, although not in his disctrict (it is Riverside county,) show that anti-immigrant sentiment is big in that part of CA.
I just want to emphasize that by “aligning” himself with his electorate, Issa is doing what he was elected to do, which is to represents the views of his constituents. That’s the way the system is supposed to work.
Issa is supposed to do what is best for America, not just what is politically expedient. That said, I have no problem with his questions. Congress needs information. This administration seems reluctant to tell the truth.
Representing constituent interests is not being politically expedient. It’s doing your job. That’s why they call it the House of Representatives.
“Politically expedient” means something you do to advance yourself politically. Congressmen are expected to further the interests of their constituents. That’s why their constituents voted for them, and the constituents will vote for someone else if the members don’t do it. It’s also why they call it the House of Representatives. This is how a democracy is supposed to work, and democracy is in the best interests of America.
My computer keyboard is malfunctioning. I didn’t mean to paste in the word “karate” Sorry
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