This was supposed to be about how all of yesterday’s heated rhetoric, all the defiant “Stand by Your Dreamer” talk from Harvard and from tech CEOs, was just so much theater. In truth, no one — at least no one law-abiding — is going to be much inconvenienced, let alone deported, over President Trump’s supposed “rescission” of President Obama’s unconstitutional Deferred Action for Child Arrivals (DACA) program. As I explained yesterday, a proper application of prosecutorial discretion would place young aliens who were brought to this country illegally (or maintained here illegally) by their parents — that is, through no fault of their own — in a low-priority enforcement status. With the exceptions of those arrested for serious crimes, those with extensive criminal records, or those presenting similar sociopathic circumstances, the DREAMers would be left alone.
Alas, there is a different reason to see the still ongoing hysteria as a waste of time.
Rich Lowry notes in his Corner post that the president — as ever — took to Twitter last night. It took less than 140 characters to remove any doubt: There has been no rescission.
Trump has just quasi-frozen matters for six months. He explicitly says that he wants Congress “to legalize DACA” (i.e., enact the existing program so he can sign it into law). Moreover, if the people we used to think of as lawmakers fail to codify DACA, Trump says that he “will revisit this issue!” Translation: The program won’t die; the president will simply re-extend it by executive action while encouraging Congress to continue working to pass it — just like Obama.
I argued during the GOP nomination battle that Trump is a phony on immigration. He camouflages this fact in provocative (and sometimes noxious) rhetoric about Mexicans and a border wall — a wall that would be physically impossible to build as he described it and that Mexico was never going to pay for. (Have you noticed our coming budget battle is over his insistence that American taxpayers foot the bill?) But if you listened carefully, there was always an amnesty subtext. Recall his truly absurd claims that he would round up and deport 11 million people and then bring most of them back with legal status.
Trump wants to be all things to all people: the restrictionist ideal of his rabid base as well as an amnesty enthusiast in the mold of a New York City Democrat.
The DACA sleight of hand proves the point. On the hustings, restrictionist Trump promised to rescind DACA as soon as he took office (and some people actually believed him). Of course, he did not do so . . . because he doesn’t think it should be rescinded; he thinks it should be law. But he wants credit for ending it — for being both against and for it.
Consistent with this utterly inconsistent approach to DACA, nothing he has done as president makes sense. He has contended (correctly) that DACA is unconstitutional, yet he has continued administering the program for the past eight months. He has now had his attorney general announce that the program is rescinded because it is unconstitutional, but the program is not really rescinded and — as Jack Goldsmith rightly pointed out on Twitter yesterday — the Justice Department has not withdrawn the Obama DOJ’s 2014 opinion supporting DACA’s purported constitutionality.