Immigrant Children and the Rule of Law, by Andrew J. Napolitano

Andrew J. Napolitano looks dispassionately at the laws involving immigrant children. From Napolitano at lewrockwell.com:

Earlier this week, Attorney General Jeff Sessions announced that in six months, the Department of Justice will begin the long process for deportation proceedings against 800,000 young people who came to America as babies and young children in the care of their parents and others because those entries into this country were and remain unlawful.

When President Barack Obama signed numerous executive orders attempting to set forth the conditions under which illegally immigrated adults whose children were born here could lawfully remain here, he was challenged in federal court and he lost. Sessions believes that the government would lose again if it declined to deport those who came here illegally as babies and young children.

Here is the back story.

Shortly after President Obama formalized two programs, Deferred Action for Childhood Arrivals (commonly known as DACA) and Deferred Action for Parents of Americans (commonly, DAPA), in a series of executive orders, the U.S. Court of Appeals for the 5th Circuit ruled that DAPA — the orders protecting undocumented immigrants who are the parents of children born here — was unconstitutional.

Before signing his executive orders, Obama tried to persuade Congress to amend federal immigration laws so as to permit those who came here illegally and bore children here and those who came here illegally as infants to remain here with work permits, high school diplomas, Social Security numbers, jobs and other indicia of stability and permanence. After Congress declined to vote on the Obama proposals, he authored his now-famous DACA and DAPA executive orders. He basically decided to do on his own what Congress had declined to do legislatively.

But Obama’s executive orders were not novel; they merely formalized what every president since Ronald Reagan — including President Donald Trump — has effectively done. Each has declined to deport undocumented immigrants who bore children here or who were brought here as young children. President Obama alone showed the courage to put this in writing, thereby giving immigrants notice of what they need to do to avoid deportation and the government notice of whose deportations should not occur.

To continue reading: Immigrant Children and the Rule of Law

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