A California Judge blocked President Trump's executive order rescinding DACA, but Congress must not slow the effort to create a legal fix.
The idea of giving children who were brought to America without legal status the ability to work and a path to citizenship started with the DREAM Act in 2001, and has been hotly debated since then. The DREAM Act, and other immigration reform bills, failed in Congress throughout the 2000s.
On June 15th, 2012, President Obama announced that he would use executive authority to defer deportation of children who were brought to the U.S. without legal status, and allow them to apply for work authorization.
America became divided on the issue even further. Beyond the debate of whether these individuals should receive some help from the U.S. government, there was now the issue of who would wield the power to help them. On one side were those who applauded the President's leadership after Congress failed to act; on the other were those who denounced the exercise of unilateral power to bypass the law-making legislature.
The issue divided Congress and Americans even deeper, right down party lines, and it is apparent that the division continues.
I recently posted on our Facebook page an article from TheHill.com titled "DACA Fix Compromise As Soon As Tonight, GOP Rep Says." We've received negative comments on posts before, but it continues to surprise me how many people decide to post comments denouncing DACA and any help for these individuals. Most of the comments are taken down, but I decided to engage one gentleman just to see what his problem was with DACA legislation.
What I learned should not have surprised me. This person took a narrow view that illegal is illegal, and these people should be deported no matter what. I did what I could to show him the circumstances and the big picture. I tried giving him a hypothetical situation: "If your parents stole a candy bar and you ate it, should society punish you when you become an adult and learn that it was illegal?" He dismissed the argument by saying his parents would never have stolen a candy bar, and returned with the "illegal is illegal" stance.
Obviously I was not trying to accuse his parents of stealing candy bars, but he didn't want to address the meat of the argument.
What I saw in this exchange was a dismissal of reason in favor of... I don't know. I don't know this man, so I can't begin to understand his motivations for his beliefs. I don't think he was uneducated, but I got the impression - as I do with many of the negative comments on our Facebook posts - that he was a hard-line conservative. Even when I mentioned the Simpson-Mazzoli Act of 1986 that legalized 2 million aliens, which was signed by President Reagan - argued by many to be the measure of the modern Republican Party - this man said it was a bad precedent.
I may be wrong about this man, he might have been liberal who just has a hard-line law-and-order stance, and this one exchange is not representative of all people who are against DACA. But there is no doubt America is polarized on this issue down party lines.
How did we get here? How did we get to a point that this, of all issues, is a polarizing one?
The DREAM Act, and similar bills addressing this issue, have been introduced and co-sponsored by Democrats and Republicans alike. But there are still congressmen that filibuster and hold up legislation. They are the congressmen elected to represent the people like the man I had my Facebook exchange with. Therefore, the root of the problem is the people who view this issue through the hard-line law-and-order conservative lens.
Are their views a result of media indoctrination? It seems today that everything one party does is reported in a negative and sometimes-skewed way by the other party's media. So is DACA decried because it was a liberal President that signed an executive order creating it, thus a liberal policy?
In September, 2017, President Trump was hailed by hard-line conservatives and denounced by progressives for rescinding DACA. However, the true purpose of the rescission may have been lost. President Trump believed DACA was an inappropriate use of executive power, and it should be on the legislature to act. He recognized that Obama's executive order was a bandaid until laws would be passed. President Trump effectively lit a fire under Congress to pass legislation addressing this issue.
Which brings us to now, a little over 2 months from the March 5th deadline for congress to pass a law protecting children who were brought to the United States without legal status. Can it be done?
First we have to undo the polarization of the issue and put it back into perspective.
This is not about liberal vs. conservative. It is not about Democrat vs. Republican. This one is easy. It's human.
Imagine yourself living in one place throughout your entire childhood and then being told you have to go to another place. Now imagine the place you have to go to is a completely different culture you know little about, and everyone speaks a language that you don't speak. You have no family, no friends, no support network, and you cannot go back to your home to see your friends. You have no idea how to get a job or how the political system works. Healthcare is inferior, or in some cases non-existent, as is education. In some cases, you may even be forced to live in a poverty-stricken or war-torn place. Is that fair? Is that human?
"But illegal is illegal!" These children did nothing illegal; their parents did. Punishment of the parents is a separate issue. Even for those who won't relent on this stance, the punishment wouldn't fit whatever crime you think these children committed. The Reagan-era legalization of 2 million aliens included a fine and payment of back-taxes, not deportation.
We have to get back to viewing this more like President Reagan and Congress did in 1986, and less like a strictly-political issue.
We're dealing with 800,000 people. 800,000 more taxpayers, workers, entrepreneurs, leaders, etc.
This one is easy, America. This one shouldn't be debated it for 17 years. The time is now to pass this law and move on to other issues facing the country.
David Vyborny, Occam Immigration
Immigration Attorney David Vyborny named 10 Best Attorney for Client Satisfaction in South Carolina by the American Institute of Legal Counsel, Immigration Division.
Worried About Losing DACA?
Rumors have been circulating for some time now that the Deferred Action for Childhood Arrivals (DACA) program initiated by President Obama will soon come to an end. Today those rumors gained more traction with reports that President Trump and his administration have reached a decision. According to news sources, they will be terminating the program and allowing all current holders of employment authorization under DACA to finish out the validity period on their card.
An official decision has not actually been reached, according to White House Press Secretary Sarah Huckabee Sanders. I expect it will happen soon, though.
It was only a matter of time before DACA would be terminated, either by the current administration or the courts. DACA's later-in-time sister program, DAPA (Deferred Action for Parents of Americans), was stopped by the courts from taking effect last year because it was an executive act that granted employment authorization, something which must be granted by congress, not the President. Before the fight could continue in the court system, DAPA was rescinded by President Trump, which was a warning sign for DACA holders.
Even though a decision on DACA has not yet been officially reached by President Trump, DACA holders who have not yet explored other avenues for legal status should act immediately. The re-introduced DREAM Act this year by Senators Durbin and South Carolina's-own Lindsey Graham would go a long way to helping certain DACA recipients, but it is also a long way from becoming law.
In the last few months I have had several people come to me to initiate the green card application process who were married to U.S. citizens and were also DACA holders. These people have been eligible to obtain a green card, but the costly process has prevented them from following through.
The imminent termination of DACA has caused me to significantly reduce my legal fees and offer more favorable payment plans for people who will be losing DACA or the chance at getting DACA, if they qualify for some other immigration benefit. I cannot change the USCIS fees, but I am hoping to provide some help to these individuals.
If you or someone you know has DACA, please have them contact my office for a free evaluation of any legal options they may have, and significantly reduced legal fees. (843) 804-4844, firstname.lastname@example.org, or complete the form at the bottom of this page to request a call.
I will return with a new article soon addressing some other updates in U.S. immigration policy.
About a month ago I was contacted by a reporter at the Post & Courier, the largest newspaper in Charleston, SC. The reporter was looking into rumors that ICE was ramping up enforcement of immigration laws, detaining individuals that are in the United States illegally (more about how one is in the U.S. illegally in another post).
I spent about 45 minutes on the phone with the reporter and eventually the story was published here. My quote in the article was very short, maybe because the substance of my conversation was that I didn't believe that enforcement was abnormally increasing.
During our conversation I told the reporter that ICE enforcement has generally been a roller coaster, meaning sometimes enforcement is high, while sometimes you don't hear much about detentions. It was only now that the media was picking up on it, in light of President Trump's administration's promise to deal with immigration. My thought is that, like any other federal agency, things tend to happen quickly when budgets are allocated, but as the money starts to diminish, so do the capabilities of the agency. Whether or not that is true is up for debate. Regardless, I thought that ICE was just doing what they usually do - pick up the "high priority" offenders, those who commit violent criminal acts, traffic drugs or people, etc., and they happened to currently be doing more enforcement because they were allocated their budget.
Now, about a month later, I am seeing that ICE has seemed to step up enforcement in South Carolina. It appears they are targeting individuals who are not as high priority as those mentioned above. For example, I recently had a call from the family of an individual who failed to appear for a traffic ticket in court, and had an outstanding warrant. ICE picked the individual up, detained him, and he is now on his way to court in Atlanta, hoping that there might be some way I can prevent him from being deported.
I don't know how far down the priority list ICE is going in South Carolina. I am basing my conclusion on the only data I have - phone calls to my office from relatives of people who are detained and need help.
Whether you are in South Carolina or not, my suggestion to any person who may have some reason to fear a visit from ICE - visa overstay, outstanding warrant, criminal arrest, entering the country illegally, etc.:
Contact an immigration attorney for advice on your situation!
There might be some way to help you. For the price of an in-depth consultation, where your whole situation is reviewed, you might get some good advice, or your problem can be resolved so you no longer have to fear a visit from ICE. It may end up being worth it, because you'll spend a lot more money hiring an attorney to represent you if you're placed in a removal proceeding.
Thank you for visiting our website!
One thing I hope you will see about our website is that we don't overwhelm you with information that may or may not be useful to you. Our goal is to simplify immigration for you, so you will get the best, and most relevant information for your situation when you call and speak to me or my team.
This section of our website is aimed to provide some commentary and explanation of current events, especially in today's climate where President Trump's travel bans and other immigration policies are regular headlines in the media.
I hope to use this page to inform you of the changing landscape of immigration, and help you understand what is happening. Nothing about immigration policy is simple, but I will do my best to make it comprehensible.
Please check back regularly to see news and updates. Follow us on Facebook and Twitter to be notified when a new article is posted.
As always, if you have any questions, please don't hesitate to reach out to me and my team.