The CNN headline says it all: “Trump Ends DACA But Gives Congress Window To Save It.” FOR NOW, it is a pretty savvy move by Trump. First, he can say he kept a campaign promise to end the program. Second, he can definitely say he is standing for the Constitutional principles that were violated when Obama instituted DACA. It is Congress that passes laws and the President that signs laws. Obama had no legal authority to override existing law with the DACA executive order.
The FOR NOW part is that if Congress doesn’t act in a timely fashion (does it ever?) then it could push him to extend the deadline. Even more difficult for Trump will the circumstance be if Congress offers a law that allows existing Dreamers under DACA to stay. In an election year, it’s a good bet many Republicans in Congress will face a lot of political pressure to make that so – not to mention the Republican Senators McCain and Graham who will push for that. That could split the Republican Party.
However, the final savvy part of this move is that it outs the issue on the back burner for now (See Sen. Cornyn ‘NoWay’ Senate Takes Up DACA This Month) and allows Congress to work on tax reform – the most important issue facing Republicans In Congress. If they pass significant tax reform, they can do well next year – without it, not so much.
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(CNN) The Trump administration on Tuesday formally announced the end of DACA — a program that had protected nearly 800,000 young undocumented immigrants brought to the US as children from deportation.