As if they didn’t have enough messy business to deal with this month, the congressional Republicans are now obliged to decide the fate of some 800,000 “dreamers.” The issue involves complicated policy questions, the political considerations are trickier yet, and given the way everything else has been going lately it could well end badly for the Grand Old Party.
President Donald Trump announced Tuesday that he would phase out the Deferred Action for Childhood Arrivals program, which allowed youths whose foreign parents had illegally brought them to America as children to avoid deportation for several years and be granted work permits and permission to apply for citizenship, and because the policy had been instituted by an executive order of President Barack Obama he’s constitutionally entitled to do so.
There are strong arguments for doing so, as well, starting with the idea that the constitution requires legislative approval, and that six state attorneys general threatened to file a very promising suit about it today. There are also all those oft-made arguments about the economic and social costs of failing to enforce immigration, and if there wasn’t a widespread public sentiment for stricter enforcement Trump probably wouldn’t be president. There’s also a theoretical possibility, at least, that the deliberations of a duly-elected House and Senate might come up with some wiser than the current or previous president could think of, and if they can’t, well, that’s a pretty sad state of affairs for everybody.
There are plenty of arguments being made all over the press that Trump shouldn’t have done it, however, and our guess is that a sentimental public will now find many of them persuasive. The arguments for Trump’s order are legalistic, involve abstract analysis of the very mixed social and economic costs and benefits that any intellectually honest person will acknowledge, and must be so carefully phrased as so to leave no suspicion that any unpleasant racial motivations are involved, all of which leave Trump at a rhetorical disadvantage. The arguments against Trump’s action come with true stories about the plucky offspring of illegal immigrants who have contributed to their schools and workplaces and the American military, the video footage will show many of them to be darned cute, and Trump’s antagonists in the press are very effective at that kind of rhetoric. There’s a valid argument to be made even without the sentimentality, too, as those true stories do demonstrate the social and economic benefits that immigration bring and which any intellectually honest person must acknowledge, and even Trump concedes that the 800,000 people who suddenly find themselves facing deportation to lands they’ve never known are entirely blameless for being here.
There’s surely some wise solution to the problem, but it’s proved elusive to both Democratic and Republican congresses for several decades now, so it’s hard to see how the Republicans of the moment are going solve everything in the six months Trump’s phase-out gives them. Even when Obama was getting great press and polling well and had huge Democratic majorities in both chambers of Congress they couldn’t pass the Development, Relief, and Education for Alien Minors Act, an ugly formulation that yielded the acronym DREAM and that touching “dreamers” description of the children of illegal immigrants, and when Obama decided to enact the same policy by executive order he had to admit it would have been better if Congress had acted. Now that there’s a tough-on-illegal-immigraton Republican majority in Congress and a Republican president who prides himself on being tougher on illegal immigration than anybody, we wouldn’t be much surprised if the Democrats’ DREAM at long last comes true.
Polling shows that cute kids who have contributed to their communities and are here through no fault of their own enjoy considerable public support, far more than for the president and far, far more than the Congress, and the numbers are almost as bad as the ones that sunk their long-promised plan to repeal and replace the Obamacare law. The Republican majorities in Congress don’t march in the same ideological lockstep as that Democratic majority used to, with many taking a more business-minded approach to illegal immigration and appealing to districts that won’t tolerate any suspicion of racial intolerance, and a lot of Republicans these days feel free to clash with the low-polling Trump in ways that no Democrat would have ever dared with Obama. There are enough Democrats still left in Congress that it won’t take too many Republicans in Congress who don’t want to explain to their voters why they’re kicking out that cute and blameless A student who didn’t chose to be here to get some sort of permanent residency for most of the “dreamers” passed, and a lot of the usual arguments about illegal immigration doesn’t apply to a law that deports criminals and requires tax payments and expects social and economic contributions. We can even see Trump signing it.
Our guess is that Trump signed the order in an attempt to further rouse his most hard-core supporters, most of whom are willing to be far tougher on illegal immigration than Trump really is, and even less concerned than he is if you suspect racial motivations, but he also framed the decision as a constitutional matter and hoped that Congress would come up with something that had “heart,” and that sounds suspiciously tolerant. The decision follows Trump’s pardon of Arizona Sheriff Joe Arpaio, who was so famously tough on illegal immigration he was convicted of routinely violating the Fourth Amendment rights of natural-born citizens who looked like they might be illegal immigrants, and a now downplayed threat to force a government shutdown to get funding for a border wall that only the most hard-core supporters seem to want, and Trump does so love those who so love him, so it’s also possible that he’ll wind up vetoing all those cute blameless kids out of the country.
There’s an opportunity to craft some piece of legislation that doesn’t kick those cute blameless kids out of the country but also includes some bipartisan-supported measures that would more strictly enforce the border and mitigate some of the economic and social costs that any intellectually honest person would acknowledge, and for now we dare to dream. The law surely wouldn’t include enough money to build a wall along the entire border of Mexico, but Trump might well sign it anyway. His political strategy of rousing his base might bring out the crowds at his ongoing campaign rallies, but what most seems to please them is anything Trump says or does to outrage all the snowflake liberals in the rest of the country, which by now includes a lot of Republicans and the vast majority of everyone else, but if he gets some extra border agents and an E-Verify requirement that should make up for the cute blameless kids who get to stay in the country.
That’s what we’re hoping for, at any rate, and there’s six whole months to get it done. This month will mostly be about keeping the government open and the Treasury from defaulting and fending off a nuclear war with the nutcase dictatorship in North Korea, as well as the cost of a recent hurricane in Texas and maybe one that seems to be heading for Florida, but after that we expect it will be clear sailing.