Fulfilling his role as the titular head of “The Resistance,” Barack Obama took to Facebook Tuesday to snipe at the Trump administration’s announcement that it was rescinding the 44th president’s 2012 executive action called Deferred Action for Childhood Arrivals.
“We shouldn’t threaten the future of this group of young people who are here through no fault of their own,” Obama said. His post was florid and self-serving. But five words in his lengthy screed —“through no fault of their own” — are undeniably true.
It’s not the fault of the “Dreamers” that their parents brought them here, without papers, as minors. On that we can agree. But whose fault is it that they are still in limbo? For that answer, Obama needn’t take to social media. He can simply look in the mirror.
Ten years ago, a narrow consensus was forged in Washington, if only briefly. Its architects were Edward Kennedy and John McCain. Their carefully crafted legislation created a new temporary work visa, established an electronic data base for employers to check employees’ work status, and earmarked money for border enforcement. It also provided a path to citizenship for an estimated 11.6 million illegal immigrants, provided they paid a fine and back taxes, met English and civics requirements, and stayed on the right side of the law.
President George W. Bush signaled his support. But the vote was going to be close, which Kennedy and McCain knew. Conservatives dismissed the path-to-citizenship as a fig leaf for amnesty. Organized labor hated the guest-worker program, known as Y-1. McCain and Kennedy could have overcome that opposition, albeit narrowly, except for one last little group of senators. Call it the Senate Presidential Wannabe Caucus. Its membership included Illinois freshman Sen. Barack Obama and Sen. Hillary Clinton of New York. That’s only two votes, but it was enough.
On June 6, 2007, Sen. Byron Dorgan, a North Dakota Democrat, introduced an innocuous-sounding rider to the McCain-Kennedy bill. Its official description was “an amendment to sunset the Y-1 non-immigrant visa program after a 5-year period.” As everyone in the Senate understood, this was a “poison pill” designed not to shore up the bill, but sink it. Dorgan got his way, too. The amendment passed 49-48, essentially killing comprehensive immigration reform.
Kennedy was incensed. He’d implored Dorgan and Senate Democratic Leader Harry Reid not to do it. McCain felt particularly sandbagged by Obama, who’d inserted himself into the legislative negotiations uninvited, wrangled a concession he wanted, then voted with Dorgan. McCain assumed Obama didn’t want George W. Bush or himself — the man Obama expected to face in 2008 — to get credit for immigration reform. Ted Kennedy, who ended up endorsing Obama over Clinton anyway, believed this, too.