Much ado about DACA, but my mind is elsewhere

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Much ado about DACA, but my mind is elsewhere

As expected, the President’s announce­ment on the DACA (the Deferred Action on Child­hood Arrivals) pro­gram was going to cre­ate a controversy.

Andrew McCarthy explains why DACA is defec­tive (empha­sis added),

Con­trary to much of the pub­lic com­men­tary, the defect in DACA is not that it was done in the form of an exec­u­tive action (under the guise of a Depart­ment of Home­land Secu­rity mem­o­ran­dum). There is noth­ing wrong with an exec­u­tive order that merely directs the law­ful oper­a­tions of the exec­u­tive branch.

The prob­lem is the sub­stance of exec­u­tive action. DACA is defec­tive in two ways. First, it pre­sumes to exer­cise leg­isla­tive power by con­fer­ring pos­i­tive legal ben­e­fits on a cat­e­gory of aliens (the “dream­ers,” as con­cisely described in Yuval Levin’s Cor­ner post). Sec­ond, it dis­torts the doc­trine of pros­e­cu­to­r­ial dis­cre­tion to ratio­nal­ize this pres­i­den­tial leg­is­lat­ing and to grant a de facto amnesty. These maneu­vers vio­lated core con­sti­tu­tional prin­ci­ples: sep­a­ra­tion of pow­ers and the president’s duty to exe­cute the laws faithfully.

I rec­om­mend McCarthy’s arti­cle, and fully agree with his state­ment “There has never been a shred of hon­esty in the pol­i­tics of DACA.”

Indeed, a few years ago a nat­u­ral­ized cit­i­zen who was brought here as a child by undoc­u­mented par­ents (both par­ents are now back in their coun­try of ori­gin) explained to me that they were very sus­pi­cious of any gov­ern­men­tal act that had you declare names, addresses and other data with­out clear legal lim­i­ta­tions on the use of that information.

Immi­gra­tion is a very impor­tant issue, but my mind is on other things. I bought a house and have spent the last month unpack­ing (less than 10 boxes to go!) in Cen­tral Florida. Now Irma’s turn­ing up in the map:

If Irma does turn into Florida, NHC cur­rently has it going right through the cen­ter of the state at 2 a.m. Mon­day, pass­ing directly through Miami. Irma is likely to remain a Cat­e­gory 5 or 4 hur­ri­cane for at least the next cou­ple of days.

The next cou­ple of days” may mean that Irma could die down to a cat­e­gory three by Sat­ur­day, which would be a very good thing for Florida.

The map looks like so much spaghetti,

As Rush Lim­baugh pointed out, You can accom­plish a lot just by cre­at­ing fear and panic. Uncer­tainty is fer­tile ground for fear and panic, both on immi­gra­tion and on the weather.

Hav­ing said that, August was a very stress­ful month, so I’m hop­ing Irma loses strength soon, and espe­cially … if it gets to Florida.

Fausta Rodríguez Wertz writes on U. S. and Latin Amer­ica at Fausta’s blog

As expected, the President’s announcement on the DACA (the Deferred Action on Childhood Arrivals) program was going to create a controversy.

Andrew McCarthy explains why DACA is defective (emphasis added),

Contrary to much of the public commentary, the defect in DACA is not that it was done in the form of an executive action (under the guise of a Department of Homeland Security memorandum). There is nothing wrong with an executive order that merely directs the lawful operations of the executive branch.

The problem is the substance of executive action. DACA is defective in two ways. First, it presumes to exercise legislative power by conferring positive legal benefits on a category of aliens (the “dreamers,” as concisely described in Yuval Levin’s Corner post). Second, it distorts the doctrine of prosecutorial discretion to rationalize this presidential legislating and to grant a de facto amnesty. These maneuvers violated core constitutional principles: separation of powers and the president’s duty to execute the laws faithfully.

I recommend McCarthy’s article, and fully agree with his statement “There has never been a shred of honesty in the politics of DACA.”

Indeed, a few years ago a naturalized citizen who was brought here as a child by undocumented parents (both parents are now back in their country of origin) explained to me that they were very suspicious of any governmental act that had you declare names, addresses and other data without clear legal limitations on the use of that information.

Immigration is a very important issue, but my mind is on other things. I bought a house and have spent the last month unpacking (less than 10 boxes to go!) in Central Florida. Now Irma‘s turning up in the map:

If Irma does turn into Florida, NHC currently has it going right through the center of the state at 2 a.m. Monday, passing directly through Miami. Irma is likely to remain a Category 5 or 4 hurricane for at least the next couple of days.

“The next couple of days” may mean that Irma could die down to a category three by Saturday, which would be a  very good thing for Florida.

The map looks like so much spaghetti,

As Rush Limbaugh pointed out,  You can accomplish a lot just by creating fear and panic. Uncertainty is fertile ground for fear and panic, both on immigration and on the weather.

Having said that, August was a very stressful month, so I’m hoping Irma loses strength soon, and especially . . . if it gets to Florida.

Fausta Rodríguez Wertz writes on U. S. and Latin America at Fausta’s blog