# Will Congress save the DACA? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [September 4, 2017, 10:02pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515 "2017-09-04T22:02:47Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [September 4, 2017, 10:02pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/1 "2017-09-04T22:02:47Z")
Another litmus test for our do nothing Congress. This should be an easy slam dunk imho. The current program enabled by Executive Order has drawn praise from both parties. It’s considered a smashing success. Congress doesn’t need to over think this. Write a law based on the current successful program. Don’t screw with it. Don’t add to it or take anything away. Just legitimize the current program and pass it into law. Is our current Congress actually able to do it? Imho Executive Orders are best used to “try” new policies and see if they work. They can easily be rescinded if they don’t. The successful programs should be passed to Congress to formalize into law. Executive Orders aren’t intended to create permanent solutions. That’s a function of the Legislative Branch. It’s time for Congress to step up and start doing its job. We will soon find out if Congress can manage to transition a highly successful and popular program into law. Republicans are already lining up to support DACA. Democrats have no excuse for not supporting a veto proof bipartisan bill. If they fail. Both parties need to make some very serious changes in the 2018 elections. We have to get back to a functioning Congress. > **[DACA decision appears to shift to Congress | CNN Politics](https://www.cnn.com/2017/09/04/politics/daca-congress-trump-decision/index.html)** > > President Donald Trump’s expected decision to end DACA, but leave some time to save it, punts the popular program that protects young undocumented immigrants to Congress – but passage of a legislative solution remains a steep uphill climb. > [@](#): > > Another lobbyist familiar with the issue acknowledged that even supporters of DACA begrudgingly recognize that it will likely take Trump ending DACA to incentivize Congress to act – and it could change Democrats’ calculus. > [@](#): > > Eighteen Republicans have co-sponsored a bill from Florida Rep. Carlos Curbelo that would make a version of DACA permanent, and North Carolina Sen. Thom Tillis is planning to introduce a version of that bill in the Senate when Congress returns. Lawmakers believe more Republicans would vote for the proposal if it came to the floor. ---
**Author:** ![OldGuy](https://avatars.discourse-cdn.com/v4/letter/o/3bc359/32.png) [@OldGuy](https://boards.straightdope.com/u/OldGuy)\ **Post date:** [September 4, 2017, 10:08pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/2 "2017-09-04T22:08:18Z")
But remember the Hastert rule. If a majority of Republicans don’t support the bill, it will never be brought up for a vote regardless if a majority of the Representatives as a whole support it. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [September 4, 2017, 10:39pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/3 "2017-09-04T22:39:16Z")
I’ve never understood why Congress has to over think every thing they do. I’ve invented this wonderful prototype gadget. It’s been tested in 1000 homes. People love it and want it. I’m giving it to you to manufacture. Don’t screw it up! That’s what DACA is. A road tested and proven product. All you have to do is formalize it into law. But then these idiots in Congress will start fretting about immigration reform. Arguing about amnesty, how much does it cost, will it cost me support at home, and all this other crap. Just focus on this one thing. Don’t expand it into a massive fight over immigration reforms. You’ll never get anything passed. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [September 4, 2017, 10:41pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/4 "2017-09-04T22:41:46Z")
Trump vs the GOP in a battle to see who can hurt the most people and still get away with it and keep their jobs. Seems like Trump might be going a step too far for the GOP, but we will see. ---
**Author:** ![monstro](https://avatars.discourse-cdn.com/v4/letter/m/ba9def/32.png) [@monstro](https://boards.straightdope.com/u/monstro)\ **Post date:** [September 4, 2017, 11:02pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/5 "2017-09-04T23:02:52Z")
I agree with **aceplace57** on something. I hope that doesn’t mean the end of the world is coming! The Republicans are in a bind. Enshrine DACA in law and they’re basically conceding that Obama did something right. But they will also be conceding that the president is wrong, since he has taken a very hardline stance on immigation. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [September 4, 2017, 11:11pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/6 "2017-09-04T23:11:50Z")
It is time to formalize this program into law. Executive Orders aren’t intended to be permanent solutions. I’m not going to give myself a headache trying to understand Trump’s thinking. I’m not sure if he’s against the program or that it’s been created by Executive Order. His thinking probably changes day by day. Sigh… Ultimately DACA’s fate lies squarely in Congress’ hands. This should be a rare chance for a bipartisan bill. We’ll see. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [September 4, 2017, 11:17pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/7 "2017-09-04T23:17:45Z")
His thinking is simple: he asks “Did Obama do this?” If the answer is “yes”, he rescinds it. > [@](#): > > “It’s his only real position,” one European diplomat said. “He will ask: ‘Did Obama approve this?’ And if the answer is affirmative, he will say: ‘We don’t.’ He won’t even want to listen to the arguments or have a debate. He is obsessed with Obama.” > **[Trump is 'obsessed with Obama' and cares only about undoing his policies,...](https://theweek.com/speedreads/717534/trump-obsessed-obama-cares-only-about-undoing-policies-european-officials-say)** > > The latest Speed Read,/speed-reads,,speed-reads, breaking news, comment, reviews and features from the experts at The Week ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [September 4, 2017, 11:33pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/8 "2017-09-04T23:33:45Z")
> [@aceplace57](#): > > Will Congress save the DACA? > > Another litmus test for our do nothing Congress. This should be an easy slam dunk imho. The current program enabled by Executive Order has drawn praise from both parties. It’s considered a smashing success. > > Congress doesn’t need to over think this. Write a law based on the current successful program. Don’t screw with it. Don’t add to it or take anything away. Just legitimize the current program and pass it into law. > > Is our current Congress actually able to do it? > > Imho Executive Orders are best used to “try” new policies and see if they work. (post shortened) The fact that this was created by an EO is a pretty good indicator that Congress would not pass it. Then or now. In the current Congress, the Democrats have made it clear that they will not work with Republicans. Unless you foresee some “Why don’t we all get along” moment occurring in the very near future, this is pretty much game over. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [September 4, 2017, 11:39pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/9 "2017-09-04T23:39:46Z")
Irony has become unhinged. ---
**Author:** ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)\ **Post date:** [September 4, 2017, 11:49pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/10 "2017-09-04T23:49:32Z")
Lets not underestimate Trump. He is having his cake and eating it to. He is rescinding DACA, but not implementing the action. If congress doesn’t act, then all he has to do in 5 months is quietly give congress more time. Rinse and repeat. Congress doesn’t have to vote, the DACA kids get to stay, and Trump’s supporters can point to another of his campaign promises fulfilled. Back in the days when our Government sometimes did things because they helped lots of people this would be a bad way of doing things. Now days, this is par for the course. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [September 5, 2017, 12:28am UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/11 "2017-09-05T00:28:25Z")
> [@rbroome](#): > > Lets not underestimate Trump. > He is having his cake and eating it to. > He is rescinding DACA, but not implementing the action. If congress doesn’t act, then all he has to do in 5 months is quietly give congress more time. Rinse and repeat. Congress doesn’t have to vote, the DACA kids get to stay, and Trump’s supporters can point to another of his campaign promises fulfilled. Conservative states Attorneys General are willing to sue the government to force the issue. May force everyone’s hand sooner rather than later. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [September 5, 2017, 12:55am UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/12 "2017-09-05T00:55:57Z")
> [@doorhinge](#): > > (post shortened) > > The fact that this was created by an EO is a pretty good indicator that Congress would not pass it. Then or now. > > In the current Congress, the Democrats have made it clear that they will not work with Republicans. Unless you foresee some “Why don’t we all get along” moment occurring in the very near future, this is pretty much game over. So you think that if the repugs suggested this, the dems would oppose. I very very much doubt that. If they so much as suggest it, the dems will jump on the bandwagon. The repugs are the party of no. ---
**Author:** ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)\ **Post date:** [September 5, 2017, 1:58pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/13 "2017-09-05T13:58:42Z")
> [@Hari\_Seldon](#): > > So you think that if the repugs suggested this, the dems would oppose. I very very much doubt that. If they so much as suggest it, the dems will jump on the bandwagon. The repugs are the party of no. While certainly the Republicans refined and developed No to a high art, they also proved it works as a political tactic. I doubt the Dems will pass up the opportunity to make the Republicans look bad just to help people in need. Washington is too far gone for such magnanimous behavior. And, just as the Dems did in their day, the Repubs will put in some poison pills to make sure the Dems don’t help. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [September 5, 2017, 2:37pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/14 "2017-09-05T14:37:12Z")
Rumors are that Congressional DACA “saving” will be tied to “build the wall” funding. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [September 5, 2017, 3:09pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/15 "2017-09-05T15:09:46Z")
> [@doorhinge](#): > > In the current Congress, the Democrats have made it clear that they will not work with Republicans. Correct. Just like they completely refused to work with Republicans on the issue of Russian [sanctions](http://www.politico.com/story/2017/08/02/trump-signs-bipartisan-russia-sanctions-bill-241242). ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [September 5, 2017, 4:54pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/16 "2017-09-05T16:54:18Z")
> [@Hari\_Seldon](#): > > So you think that if the repugs suggested this, the dems would oppose. I very very much doubt that. If they so much as suggest it, the dems will jump on the bandwagon. The repugs are the party of no. I’m sure you remember that Congress could not, and did not, pass DACA. There simply wasn’t enough votes in Congress to pass it into law. That was why Obama issued an Executive Order. That was then. Currently, there are lawsuits pending to overturn DACA. Should a judge, or panel of judges, decide what federal immigration law should be? Or should Congress decide what federal immigration law should be? Because Obama could not round up enough support/votes for his project, Obama issued an EO. Oops. Most people are aware that EOs are easily overturned by any sitting President. Obama had even announced that this EO was a temporary fix and the issue would have to be addressed by Congress in the future. Now, it looks like it’s Congress turn to address the status of illegal aliens. Again. And there are not enough votes in Congress to pass a DACA II, or Son of DACA, or Abbott and Costello meet DACA. The voters have spoken. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [September 5, 2017, 5:16pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/17 "2017-09-05T17:16:45Z")
BBC News has an extended article that includes a lot of commentary from various politicians. There’s a good chance the executive order wouldn’t hold up in a court challenge. It’s time for Congress to create legislation for this program. I suspect some states will still challenge any legislation in court. But action taken by Congress is more likely to survive that challenge. > **[Daca plan: Reaction as it happened - BBC News](https://www.bbc.com/news/live/world-us-canada-41165176)** > > Critics call Trump actions "shameful" but supporters say scrapping "unconstitutional" scheme is right. > [@](#): > > Acting Homeland Security Secretary Elaine Duke says in a statement the decision to terminate Daca “was not taken lightly”. > > Duke said they were faced with two options: - winding the programme down or having it shut down immediately by a court. > > “We chose the least disruptive option.” ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [September 5, 2017, 8:17pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/18 "2017-09-05T20:17:50Z")
IMO, the question is, can they get 60 votes in the Senate? Only 51 voted not to pass ReplacementCare. The conspiracy theorist in me can’t shake the possibility that Trump realizes that there’s a very good chance that Congress won’t be able to come up with a replacement. Then again, Trump must realize by now that the deeper the hole he digs, the worse it’s going to be for the Republicans in 2018. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [September 5, 2017, 8:47pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/19 "2017-09-05T20:47:47Z")
I cannot see how it’s unconstitutional. The executive has discretion on enforcing laws. If it wants to depriotpritize children and those who came as children, I can’t see why it can’t. Of course, this also means that Trump can shut it down by the same logic. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [September 5, 2017, 9:59pm UTC](https://boards.straightdope.com/t/will-congress-save-the-daca/795515/20 "2017-09-05T21:59:01Z")
> [@JohnT](#): > > Rumors are that Congressional DACA “saving” will be tied to “build the wall” funding. This seems reasonable. Or as close as we’re likely to get these days. Although “the wall” is idiotic, past immigration reforms have included a compromise of amnesty combined with increased enforcement. Cementing DACA as law along with extra money to keep additional undocumented immigrants out (or kick out those with less public support) is the sort of thing that might conceivably be passable by both parties, since both can claim it as a win. > [@BigT](#): > > I cannot see how it’s unconstitutional. The executive has discretion on enforcing laws. If it wants to depriotpritize children and those who came as children, I can’t see why it can’t. My understanding (which is gleaned from the interwebs and could be wrong) is that it’s one thing to decide to put the DACA kids at the very bottom of the deportation priority list, another thing to give them legal cover to get jobs. Legally, the latter is something that’s beyond the Executive Branch’s power (maybe), and the states that have threatened legal action have a good case that they can stop it. My understanding is that a similar-ish case on its merits resulted in a 4-4 SCOTUS split, and now the 9th member is Gorsuch. As a political move, Trump may have picked the least bad of all possible options here. If he didn’t announce an end, his base would be pissed, and DACA very well likely would be overturned anyway. The announcement with delay will (sort of) count as a promise delivered-on, and probably get more people pissed at Congress when they can’t manage to come together. I mean, I’d love it if he’d stand on principle and refuse to acquiesce to the states’ lawsuit here, but that is not the President that 26% of us voted for!