DACA should be eliminated
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DACA is legally unjustified
There are established immigration laws for people coming to the US with no status. President Obama had no constitutional authority to exclude young immigrants from these laws by making a program like DACA.
DACA
Immigration
Law
USA
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The Argument
The laws for immigrants without status are already present in American law based on the constitution. These laws should apply to all immigrants and young immigrants should not be excluded. Dreamers have already broken the law by illegal travel to the US or remaining illegally in the US without documentation, and they should be entitled to the law including deportation. Trump tried to reverse DACA policy because Obama had no constitutional authority to impose the DACA policy that prevents enforcement of the immigration law on certain groups of immigrants. [1]
Giving rights and protection against deportation for illegal immigrants will only encourage more illegal immigration to the country. People will find it less consequential to come to the US illegally since DACA will protect them and their rights for education and work. Those who do not qualify for DACA will still come and stay hoping that they would qualify later. Overall, DACA does not put an end to illegal immigration but encourages it, which amplifies the problem. [2]
Counter arguments
The decision of abandoning DACA would be a political decision, not a legal one. Establishing and implementing DACA does not violate the constitution or immigration laws. The US government succeeded in defending DACA against many legal objections and any constitutional challenges have failed. DACA is a temporary program that gives young immigrants, who pass criminal background checks and meet educational requirements and other criteria, the ability to stay for two years that is subject to renewal.
The government has so many duties to protect its people. DACA makes perfect sense because it helps direct the government's time and efforts regarding immigration issues. DACA is fully lawful and does not violate the constitution. [3]
Proponents
Premises
Rejecting the premises
References
- https://www.nationalreview.com/2020/06/how-the-supreme-courts-daca-decision-harms-the-constitution-the-presidency-congress-and-the-country/
- https://www.procon.org/headlines/are-daca-and-the-dream-act-good-for-america/
- https://www.aclu.org/blog/immigrants-rights/road-citizenship/daca-and-will-always-be-constitutional