On September 5, 2017, NJ Lawyer and Bianchi Law Group partner David Bruno kicked of Fox Business Coverage on FBN:AM with host Cheryl Casone to discuss the reports that President Trump intends to rescind President Obama’s executive order known as DACA (Deferred Action for Childhood Arrivals) which protects the Dreamers.
It’s been reported (and announced after this appearance) that President Trump will announce that he plans to rescind the popular DACA executive order (deferred action for childhood arrivals) BUT that he will give Congress 6 months to come up with a permanent resolution by way of a law.
Generally speaking, the Government, through Immigration Customs Enforcement (ICE) have the power to deport illegal aliens that have come here illegally or have overstayed their visas.
President Obama, in 2012, signed an executive order that protected the Dreamers (generally speaking, those under who arrived under the age of 16, who have been here for at least 5 years, and are without a criminal history). The action was unilateral without the support of Congress and thus only temporary. They are called Dreamers because of Congress’s inability to pass the DREAM ACT.
In his 8 years as president, President Obama failed to memorialize this policy through a law. That would have been the proper way to pass such an action.
Now, President Trump is rightfully tossing the issue back to Congress to come up with a permanent fix. President Trump’s announcement is not an end for Dreamers. It’s only a call for congress to act, the way it should have happen under President Obama.
Congress acts better and more efficiently with deadlines. It now puts Immigration Reform on Congress’s plate. Congress can deal with Immigration Reform globally or deal with the Dreamers individually.
Finally, the 6-month time table is not set in stone. I believe that President Trump would undoubtedly extend the 6-month period if congress cannot act within the 6 months.