Wednesday, August 12, 2020
In Remove the Sword of Damocles from DACA, Michael A. Olivas and Shoba Sivaprasad Wadhia critically analyzed the legality of the Department of Homeland Security's recent DACA memo responding to the Supreme Court's decision in Dep’t of Homeland Security v. Regents of the Univ. of California. Their bottom line:
"President Trump has cruelly vacillated on his support for DREAMers, saying he would take care of them and immigration reform “by executive action,” in remarks to reporter José Díaz-Balart. Ironically, it was his predecessor’s executive action and use of discretion that led Attorney General Sessions and DHS officials to determine DACA was “illegal.” This is the Gang that Can’t Shoot Straight, and they must now adhere in a timely fashion to the rule of law. Neither the Supreme Court majority nor we believe these officials acted in accord with their basic legal requirements, and they are wrongly continuing to behave in unlawful fashion. These students are a national treasure and deserve a pathway to permanent residence. Properly re-aligning DACA will not accomplish this, but Congress should do so. Now is the time for the Trump Administration to “love” DREAMers and properly administer this successful program, as they weigh their options. No matter the final decision, those would-be DACAmented students have kept their part of the bargain, and we owe them no less."