Today is the two-year anniversary of President Obama’s first big amnesty edict, Deferred Action for Childhood Arrivals (DACA). So far more than half a million illegal immigrants claiming to have arrived here before age 16 have been legalized by the president’s unilateral riff on the Dream Act.
Contrary to the story line put forth by activists, and repeated uncritically by most of the media, the DACA decree was not a matter of simply delaying deportations of illegal aliens judged to be low-priority — the administration did that early on by formally exempting the vast majority of the illegal population from the workings of immigration law through a series of internal memos. Those directives, called the Morton Memos, after the then-director of Immigration and Customs Enforcement, represent a nullification of existing immigration law, but not an affirmative grant of status.
DACA, on the other hand, confers work permits, Social Security numbers, driver’s licenses, documents allowing foreign travel, eligibility for the Earned Income Tax Credit and affirmative-action preferences, and more. It’s an actual amnesty, “green-card lite,” if you will. (Even Obama’s most slavish acolytes don’t claim he can confer green-card premium.)
Nor is there anything genuinely temporary about it; the limited period merely requires a pro forma renewal every two years, something that is already underway. Despite the recent House vote to defund expansion of DACA (including renewals), DACA has created facts on the ground, and beneficiaries will never be illegal aliens again — bank on it.
For some weeks now, the White House has been leaking that it plans to use this same end run around the Constitution, but this time to amnesty millions, all of whom came as adults and knew perfectly well what they were doing. The response to such a subversion of the constitutional order was swift: warnings of caesarism, “a leap into the antidemocratic dark” through an act that “has basically nothing to do with our system of government.” Even independent liberals are warning of the dangerous precedent an amnesty decree would set, not to mention the electoral disaster Democrats would reap in November.