Since the Trump Administration announced the end of President Obama’s DACA policy, the nation now turns to Congress to determine what should be done about the “dreamers,” those 800,000 young people brought illegally to the U.S. as children who are now hoping for a future in America.
It is vital that we make an important distinction made often in our American courts: namely, the distinction between what is constitutional and what is right.
Justice Antonin Scalia is famous for saying that a policy can be stupid but not unconstitutional. Similarly, a policy may achieve a righteous end, but the means of doing so may be unconstitutional. Such is the case with DACA.
There has to be a way of getting to what the DACA policy was attempting to do, but that does not circumvent Congress, and it’s now Congress’ responsibility.
President Trump has given Congress six months to act legislatively and decisively to guarantee the same kind of security to DACA recipients. Now is the time for Congress to act.