Dreamers – Again

The legal status of “Dreamers,” i.e., children who illegally entered the United States with their parent(s), generally before June, 2007 (though maybe that date would be pushed back by some), is in the news again.  A federal district court in Texas has held that Barack Obama’s Deferred Action for Childhood Arrivals, i.e., Dreamers, program is unlawful and has barred the Biden administration from adding new people to the program.  A good explanation of the decision, by Jonathan Adler, a professor at Case Western Reserve University School of Law, can be found here. 

Several comments¹:

1. Former President Obama tweeted on Saturday that “[i]t’s long past time for Congress to act and give them the protection and certainty they deserve”, which is true.  It is too bad that former President Obama didn’t propose a Dreamers-only law when he was president.  He only wanted to do a comprehensive immigration bill.  After the 2010 election, that was a non-starter, whether for good or ill.  It is possible, however, that a Dreamers-only bill might have gotten enough Republican support to pass.  I don’t know.  But former President Obama didn’t try.  It may have been that there were not enough Democrats willing to pass a Dreamers-only bill.  Maybe there were so many Democrats who wanted a comprehensive immigration bill and were unwilling to break it into parts and vote on the parts individually, that a Dreamers-only wouldn’t have gotten enough Democratic votes to pass, even if some Republicans would have voted for it.  We’ll never know because former President Obama didn’t try.²

2. Also, the Obama administration merely issued an executive order on Dreamers.  It did not pursue t he formal rule-making processes for notice and comment under the Administrative Procedure Act.  I don’t know if that would have made a difference, but they didn’t try, which is unfortunate.  Following the proper procedures and process is always better.

3. If a Dreamers bill passes, it’s got to be the last one.  Ronald Reagan did immigration reform back in the 1980s, which included an amnesty on the basis that we would step up efforts on controlling illegal immigration and that it was a one-time only thing.  If we are going to do it again, and I would happily support a Dreamers-only bill, this has to be the last time – and we have to mean it.

4. Plus, we have to get our immigration system, both legal and illegal, under control.  Things are a disaster now.  I would like to think there are enough people of reasonably good will in Washington to try to do it, but I’m not sure.  It may be that the bases on both sides are so strong, or at least loud, that it is more important to beat the other side than to do something good for the country that might look like a bit of a victory for the other side.
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¹ Prior comments on this subject can be found here and here.
² Donald Trump was pretty much incompetent at governing, there is not much to say about his efforts.