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IMMIGRATION

Mass-Migration: The Tiniest Dose of Reality Hits by Douglas Murray

If you do not have control of your borders, with a meaningful set of immigration laws and the right to keep people out of your country, then you do not really have a country.

While the public wants their representatives to control their borders, politicians seem to see only political capital in running the other way. In part this is because there appears to be some kind of “bonus” to be achieved by looking welcoming and kindly, in contrast to the unwelcoming and mean things that borders now appear to represent.

By the end of August, it was estimated that almost 12,000 people had arrived in Canada through this route so far this year. It is a number that constitutes little more than an averagely busy week in Italy at any time over recent years. But even this comparatively tiny movement across an entire year has proven too much for Canada. At the end of last month, Prime Minister Trudeau told reporters: “For someone to successfully seek asylum it’s not about economic migration. It’s about vulnerability, exposure to torture or death, or being stateless people. If they are seeking asylum we’ll evaluate them on the basis of what it is to be a refugee or asylum seeker.”

Bombings and other terrorist attacks are now a common feature of life in modern Europe. On just one day (September 15, 2017), an improvised explosive device was placed on a London Underground train, a man wielding a knife and shouting “Allah” attacked a soldier in Paris, and a man with a hammer shouting “Allahu Akbar” badly wounded two women in Lyon. As the former Prime Minister of France and the present Mayor of London have put it, perhaps this is all just a price we have to pay for living in big cities in Europe in the 21st century: we have traffic congestion, great restaurants and terrorist attacks.

Of course, the public are all the time worrying about other things — not just whether all this is just a taste of something worse to come, but whether anything might be done to stop it. While our political leaders continue to view this as a narrow security-related question, the public can see that it is also a border-security and mass-immigration issue. Across the continent, poll after poll shows the European public continuously calling for migration into Europe to be slowed down. This plea is not due to some atavistic urge or distasteful racist instinct, but something that the public seems to intuit better than their politicians — which is that if you do not have control of your borders, with a meaningful set of immigration laws and the right to keep people out of your country then you do not really have a country.

Since the upsurge in Europe’s migration crisis in 2015, when Germany’s Chancellor Angela Merkel unilaterally decided to suspend normal border checks and turn an already existing flow of migrants into a tidal wave, politicians and the public have divided from each other over this issue. While the public want their representatives to control their borders, politicians seem to see only political capital in running the other way. In part this is because there appears to be some kind of “bonus” to be achieved by looking welcoming and kindly in contrast to the unwelcoming and mean things that borders now appear to represent.

Politicians such as Prime Minister Justin Trudeau in Canada have used the opportunity of Europe’s migration catastrophe to grandstand and present themselves as offering a different way. In the wake of Donald Trump’s campaign rhetoric on building a wall along the US-Mexican border, Trudeau in particular has presented himself as the yin to Donald Trump’s yang. In January, when President Trump was sworn into office, Trudeau sent out a Tweet reading, “To those fleeing persecution, terror and war, Canadians will welcome you, regardless of your faith. Diversity is our strength.” To which he added the hashtag, #WelcomeToCanada. In March of this year, in another clear response to the US President, Trudeau tweeted, “Regardless of who you are or where you come from, there’s always a place for you in Canada” — a tall order, given the existence of 7.5 billion people on this earth, many of whom are not already Canadian.

Scandinavia: Shift in Immigration Debate by Bruce Bawer

Until recently, the very notion that some European neighborhoods were “no-go” zones was vehemently dismissed by politicians and commentators on both sides of the Atlantic as a myth, a lie, a vicious right-wing calumny. But even as Swedish officials were denying the existence of such zones in their own country, they were secretly mapping them out and overseeing a police effort to liberate them.

The Sweden Democrats are on the rise because voters finally grasp the extent and significance of the damage their elites have been doing to their country — and the elites, both in the media and in government, are scrambling to snap into line in order to keep hold on power.

In some ways, the winds in Scandinavia may be turning, but it does not seem as if Stanghelle and his ilk are about to speak the whole truth about Islam, or to apologize for their inexcusable abuse of those who have.

Not long ago, Norwegian journalists were virtually united in representing Sweden, with its exceedingly liberal immigration policy and its strict limits on public discussion of the subject, as a model of enlightened thinking that deserved to be emulated. Meanwhile Denmark, with its far freer atmosphere of debate (remember the Danish cartoons) and more sensible border controls, was almost universally depicted in Norway as a deplorable hotbed of Islamophobia. That appears to be changing. As Hans Rustad of the alternative Norwegian news website Document.no noted recently, the term “Swedish conditions,” which some of us have been using for years to refer to the colossal scale of Sweden’s Muslim-related problems, is actually turning up these days in the mainstream Norwegian media — although the relationship of those conditions to Islam is still routinely underplayed, if not entirely avoided.

Until recently, Denmark, with its far freer atmosphere of debate and more sensible border controls, was almost universally depicted in Norway as a deplorable hotbed of Islamophobia. Pictured: A Danish checkpoint on the border with Germany, near Padborg, on January 6, 2016. (Photo by Sean Gallup/Getty Images)

Case in point: on August 10, the daily Aftenposten ran a piece by Tarjei Kramviken about an official Swedish report stating that police, during the past couple of years, have been pursuing an organized campaign to “take back neighborhoods from criminals who have set up parallel societies.” But the attempt, the report admitted, has failed. Instead, even more such neighborhoods have sprung up, and the level of violence within them has become more common, more brutal, and more spontaneous. If a police car crosses the invisible border, it is pelted with rocks or bottles.

The neighborhoods in question are, of course, Muslim neighborhoods, and the criminals are Muslims. Although the persons in question are indeed criminals — they carry guns, sell drugs, commit burglaries, and break out into the occasional riot — the use of the word criminals seems somewhat euphemistic. We are not talking about some kind of Mafia that has moved into certain neighborhoods, taken them over, and terrorized the locals. The criminals are the locals. They are the young men who live there. Maybe not every last young man, but a high percentage of them. Some of these criminals, moreover, are mere children. One Stockholm cop told Kramviken about “five-year-olds who give the finger to the police and say nasty things.”

Trump’s Dreamer Dealing The deportation lobby is a minority in the U.S. and the GOP.

Anything can happen with Donald Trump, and it usually does, as some of his ardent followers are discovering to their shock as the President negotiates with Democratic leaders on immigration. Mr. Trump has been known to change his mind, and in this case that’s for the good as his bipartisan dealing to legalize young adult immigrants brought here as children is in the best interests of the country and his Presidency.

“Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!” Mr. Trump wrote on Twitter Thursday morning. That excellent rhetorical question followed his dinner Wednesday night with Democratic leaders Chuck Schumer and Nancy Pelosi, who announced afterward that they had a deal with Mr. Trump to legalize the Dreamers, as the young adults are known.

Mr. Trump has been less definitive, saying Thursday morning in Washington that he and the two Democrats were “fairly close” to an agreement that would also include “massive border security.” He said his wall at the Mexican border “will come later,” though later in Florida he said “we’ll only do it if we get extreme security, not only surveillance but everything that goes with surveillance. If there’s not a wall, we’re doing nothing.”

Who knows how this will turn out, but we hope Mr. Trump cuts that deal with the Democrats with few security strings attached. The benefits would be many.

Congress would codify in law a policy that Barack Obama imposed illegally by executive fiat. Mr. Trump would solve the most politically emotive immigration problem, which is the fate of these young adults who committed no crime in coming here. Some 700,000 people could keep contributing to American society without fear of deportation.

Mr. Trump would also notch a political success on immigration that eluded George W. Bush and Mr. Obama. He would show, as he promised in the campaign, that he can get things done. Not a bad day’s work.

THE PIE IN THE ANTI-DEMOCRATIC SKY : MELANIE PHILLIPS

There are many things that could be said about Tony Blair’s suggestion that the UK should toughen its immigration policy to reduce the numbers coming in from Europe. He claims this can be done “by measures within our own law or by negotiation with Europe”. Hey presto! – the British will then suddenly come to their senses, demand a second referendum and vote to stay in the EU after all.

I don’t know which is the most startling here – the fantastic magical thinking, the fathomless hypocrisy or the deep contempt Blair displays for democracy and the British people.

“We can curtail the things that people feel are damaging about European immigration,” he writes on today’s Sunday Times website (£), “both by domestic policy change and by agreeing change within Europe to the freedom of movement principle, including supporting the campaign of President Emmanuel Macron on the ‘posted workers directive’”.

An allied report by the Tony Blair Institute for Global Change recommends forcing EU migrants to register on arrival in the UK, restricting access to free healthcare for unemployed EU migrants, letting universities and businesses discriminate against them in favour of British citizens and banning those EU migrants with no permission to reside in Britain from renting or opening bank accounts.

In the Observer, the former Labour minister Lord Adonis makes a similar pitch, arguing that the British could reverse their referendum decision if France and Germany agree the UK can take control of immigration while staying in the EU single market.

The first thing to say is the the EU will not change its free movement principle for anyone. Why should it? If it were to do so for the UK, the pressure to do the same for other member states would become a stampede.

Secondly, if anyone believes that mandatory checks will stop the flow of EU migrants they must be living in cloud cuckoo-land. UK border controls have been in chaos for years. Why should that change just because Blair and Adonis want the British people to change their minds on the EU? This is pie in an anti-democratic sky.

Third, Blair’s hypocrisy is truly jaw-dropping. Who was it who relaxed immigration policy in order to import hundreds of thousands of people from abroad in order to transform Britain into a multicultural society? Step forward Tony Blair and his Labour successor, Gordon Brown. Who was it who introduced the Human Rights Act, thus embedding human rights dogma with its inbuilt bias against majority cultural norms and stimulating judicial overreach so that the courts made it almost impossible to deport anyone – and almost impossible, for that matter, to discriminate against groups of people in precisely the way Blair is now openly suggesting EU citizens should be discriminated against? Why, none other than Tony Blair.

Blithely, he now says his encouragement of mass immigration belonged to another era. Well, I saw how bitterly it was opposed by the public when they finally realised how the country was being transformed, and how they were (and still are) demonised as a result for racism and xenophobia. With cavalier insouciance, Blair also claims that other EU member states find it perfectly simple to deport people. That’s untrue too: across the EU, deportation has been managed in relatively few cases.

Not only is this proposal hypocritical and unworkable but it also misses the most important point. People in the UK voted to leave the EU not just because of their significant concerns over immigration. More important than that, as they have repeatedly confirmed, they wanted the UK once again to have sovereign power over its own laws and policies.

Even if France and Germany were to cook up a supposed exemption to allow the UK to control its own immigration rules, the overarching loss of sovereignty entailed by remaining in the single market – with the “intersectionality” of the EU’s internal rules – would mean that the UK would still be caught one way or another, not least because it would still be subject to the rulings of the European Court of Justice. And what the British wanted most of all when they voted Leave was that the UK should once again be a sovereign nation, with a democratically elected parliament making its own laws which would no longer be subject to the superior authority of a foreign court.

Neither Blair nor Adonis can ever understand this supremely important fact – that the issue, above all, was and is democracy. They don’t believe this was the issue. They dismiss sovereignty as of no concern to the vast majority of people.

And that’s for one very simple reason. It’s of no concern to them. And that’s because, as fanatics in the EU cause, they actually think that the loss of democratic sovereignty advances the welfare of the world. They don’t believe in the sovereign European nation. They believe in the supranational EU project because they have no faith in their nation. They believe their country can only prosper if it negates its own sovereign power.

And that, after all, is the core belief that animates the EU.

The Cruelty of Barack Obama On immigration, the ex-president isn’t what he says he is.By William McGurn

Throughout his political life, Barack Obama has been hustling America on immigration, pretending to be one thing while doing another.

Now he’s at it again. Mr. Obama calls it “cruel” of Donald Trump both to end the Deferred Action for Childhood Arrivals program that protected hundreds of thousands of people who came to the U.S. as children illegally—and to ask Congress to fix it. The former president further moans that the immigration bill he asked Congress to send him “never came,” with the result that 800,000 young people now find themselves in limbo.

Certainly there are conservatives and Republicans who oppose and fight efforts by Congress to open this country’s doors, as well as to legalize the many millions who crossed into the U.S. unlawfully but have been working peacefully and productively. These immigration opponents get plenty of attention.

What gets almost zero press attention is the sneakier folks, Mr. Obama included. Truth is, no man has done more to poison the possibilities for fixing America’s broken immigration system than our 44th president.

Mr. Obama’s double-dealing begins with his time as junior senator from Illinois, when he helped sabotage a bipartisan immigration package supported by George W. Bush and Ted Kennedy. Mr. Obama’s dissembling continued during the first two years of his own presidency, when he had the votes to pass an immigration bill if he had chosen to push one. It was all topped off by his decision, late in his first term, to institute the policy on DACA that he himself had previously admitted was beyond his constitutional powers.

Let this columnist state at the outset that he favors a generous system of legal immigration because he believes it is good for America. Let him stipulate too that a fair and reasonable solution to 800,000 children who are here through no fault of their own should not be a sticking point for a nation as large as America. But once again, here’s the point about Mr. Obama: For all his big talk about how much he’s wanted an immigration bill, whenever he’s had the opportunity to back one, he’s either declined or actively worked to scuttle it. CONTINUE AT SITE

Immigration and the Unlearned Lessons of 9/11 Politicians and the courts block Trump administration’s efforts to safeguard America. Michael Cutler

It is hard to believe that it has been 16 years since four passenger airliners were used as de facto cruise missiles to carry out the most horrific terror attack in the history of the United States.

That attack was against the entire United States of America, however, for those who were in New York, Washington and Pennsylvania on that day, the attack was also personal — all too personal.

I will never forget the sight of the ashes from the conflagration at what came to be known as “Ground Zero” fluttering down on my neighborhood in Brooklyn on that day. I will never forget my neighbors screaming and wailing as they watched the televised coverage of that act of violence and destruction playing out just miles from our homes, knowing that their loved ones and friends went to work only an hour or two earlier at the World Trade Center, or in one of the buildings near the World Trade Center complex.

I will never forget what I came to think of as the “stench of death,” the horrible, sickening odors emanating from the smoldering debris at Ground Zero that lasted for months, permeating the air in New York City.

So many of us still suffer from Post Traumatic Stress Syndrome. How could we not?

Today the death count from 9/11 continues to climb as more people, especially first responders, slowly and torturously succumb to the diseases that were caused by their exposures to and ingestion of the toxins released when the World Trade Center collapsed.

In fact, the expenses associated with the massive number of those who were sickened by those toxins will be borne through the passage of legislation known as H.R.1786 – James Zadroga 9/11 Health and Compensation Reauthorization Act. That bill was named for NYPD Detective James Zadroga, one of the first responders who perished because of his exposure to those toxins.

For nearly every year since the attacks of 9/11 I have written retrospectives to lay out how both the Bush administration and especially the Obama administration failed to take the findings and recommendations of the 9/11 Commission into account, particularly where the issue of immigration was concerned.

I provided testimony to the 9/11 Commission about the nexus between the terror attacks of 9/11 and multiple failures of the immigration system.

Last year my article, “Reflections On 9/11’S Vulnerabilities” made my frustrations with the Obama administration crystal clear.

My 2014 article The 9/11 Commission Report and Immigration: An Assessment, Fourteen Years after the Attacks provided and in-depth analysis of the many ways that the Obama administration had not only not acted in accordance with the findings and recommendations of the 9/11 Commission, but actually acted in direct opposition to those findings and recommendations.

Today, thankfully, Donald Trump is the President of the United States and the Attorney General is not Loretta Lynch but Jeff Sessions.

Trump and Session are both clearly committed to enforcing our immigration laws, securing our nation’s borders and addressing the immigration failures and vulnerabilities that the 9/11 Commission identified.

Byron York: Crime and immigration: What’s in the Dream Act by Byron York

Commentary on the DACA controversy frequently notes that the nation’s nearly 700,000 so-called Dreamers are a law-abiding group. But a new bill to give DACA recipients full legal status, sponsored by Republican Sens. Lindsey Graham and Jeff Flake and Democratic Sens. Richard Durbin and Chuck Schumer, would allow newly legalized Dreamers to have many run-ins with the law — arrests, charges, convictions — and still receive benefits. Schumer, the Democratic leader, is demanding quick passage.

Former President Barack Obama’s original 2012 executive action creating Deferred Action for Childhood Arrivals stipulated that to be eligible, recipients must have “not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offense, or otherwise pose a threat to national security or public safety.” When Obama announced the criteria for renewing DACA status in 2014, the standard was “have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.”

The Obama administration defined a “significant misdemeanor” as a crime with a maximum sentence of one year, or, regardless of length of sentence, “an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence.”

With the Dream Act of 2017, Graham, Flake, Durbin, and Schumer have adopted much of the existing Obama-era criteria about crime, but in a way that would allow Department of Homeland Security officials to be more generous with newly legalized DACA recipients.

The Dream Act would exclude anyone who has been convicted of “any offense under federal or state law, other than a state offense for which an essential element is the alien’s immigration status, that is punishable by a maximum term of imprisonment of more than one year; or three or more offenses under federal or state law, other than state offense for which an essential element is the alien’s immigration status, for which the alien was convicted on different dates for each of the three offenses and imprisoned for an aggregate of 90 days or more.”

The phrase “other than a state offense for which an essential element is the alien’s immigration status” could excuse a lot of criminal activity. “It would grant status to illegal aliens who have been convicted of felony ID fraud or other crimes that could be considered to be related to their immigration status,” noted Jessica Vaughan of the Center for Immigration Studies, which favors tighter restrictions on immigration. “You could say human smuggling, document fraud, benefits fraud, false claims to citizenship, illegal voting, and many other felonies have an essential element that involves immigration status.”

In addition, Graham, Flake, Durbin, and Schumer throw in the phrase “for which the alien was convicted on different dates for each of the three offenses” when referring to misdemeanor convictions. Many crimes involve multiple charges. The Dream Act of 2017 would require a young Dreamer to have committed offenses on not one, not two, but three separate occasions, and been convicted of all before he or she is ineligible for legalization.

Dreams, Delusions and Duplicity by Mark Steyn

Between you and me, I’m in favor of deporting every single Dreamer just because of the stupid name “Dreamer”.

Failing that, I’m in favor of deporting Senators-for-Life Dick Durbin and Orrin Hatch, who sponsored the original “DREAM Act”, which failed. That’s to say, despite repeated efforts over the course of this century, it has not become law. It’s not an act, it’s a bill – and a flop bill, which means it’s just a pile of moldering papers sitting somewhere in the basement of the Orrin Hatch Archive and Senatorial Library soon to be built in Utah.

Readers will know I strongly dislike the contemporary habit of acronymic legislation: The “DREAM Act” is, more precisely, the Development, Relief, and Education for Alien Minors Act. The Tea Act that so excited His Majesty’s subjects in British North America was, in fact, called “An act to allow a drawback of the duties of customs on the exportation of tea or oil to any of his Majesty’s colonies or plantations in America; to increase the deposit on bohea tea to be sold at the East India Company’s sales; and to empower the Commissioners of the Treasury to grant licenses to the East India Company to export tea duty-free”. If only Lord North had thought to call it the TASTY Act (Telling Americans we’re Still Taxing You), the whole unpleasantness of the Boston Tea Party and subsequent events might have been avoided.

But the DREAM Act is not merely an example of fatuous aconyms. It also demonstrates the larger point I’ve made over the years – of how culture trumps politics. The DREAM Act bombed as politics, but the stupid name took hold in the culture – to whit:

DREAMers Like Me Have Flourished Under DACA. Trump Might Take It All Away

…and a zillion other headlines: “The Dreamers Are Ready to Fight President Trump.” “This Dreamer Is Ready to Go to the Army. Will Trump Let Him?” “Congress, It’s Up to You to Protect the Dreamers.” Etc.

So we have gone from “illegal aliens” to “undocumented workers” to “Dreamers”. And Republican voters wonder why they never win anything. Sixty years ago, the US Government was happy to call its “comprehensive immigration reform” plans “Operation Wetback”, and President Eisenhower was willing to use the term in public. Now we expect jelly-spined finger-in-the-windy legislators to stand firm against “Dreamers”. Yeah, right. As for Europe, if Chancellor Merkel and the EU start calling their legions of sturdy young Muslim “refugees” Dreamers, it’s game over.

Okay, if it’s unreasonable to deport a fine upstanding colossus of the Democrats such as Dick Durbin, could we at least deport Orrin Hatch? A former Republican presidential candidate, he was all over the airwaves yesterday claiming to be tough on border enforcement …but only once we’ve legalized all these “Dreamers”. Presumably it was some obscure staffer of Durbin’s, acting at the behest of the lobbyists, who came up with the beguiling name “DREAM Act”. But Hatch might have understood the concession he was making. The sentimentalization of public affairs that accompanies these acronymic abominations is embarrassing to a self-governing republic in and of itself. But it’s especially damaging on this particular question – because mass unskilled immigration is the biggest issue facing the western world right now, and that grotesque sentimentalization embodied by hogwash like “Dreamers” makes mature, rational discussion of public policy impossible. Republican voters have minimal expectations of the likes of Orrin Hatch, but they had at least the right to expect he would have grasped something that basic.

“I’m A Dreamer. Aren’t We All?” as Janet Gaynor sagely observed in Sunny Side Up. I dream of a villa on Lake Como, but I don’t see why the Italian government should be in the least bit interested in my dreams, or in adjusting their laws to accommodate me. As the founder of Davos, Klaus Schwab, has speculated:

Imagine one billion inhabitants [of the developing world], imagine they all move north.

I ran his math:

A billion man march, eh? The population of the developed world – North America, the European Union, Japan, Oz, NZ – is about a billion. Of the remaining six billion people around the planet, is it really so absurd to think that one-sixth of them would “move north” if they could?

As we had cause to reflect on Labor Day, no developed nation in the year 2017 needs mass immigration. To judge from the press coverage, the average DACA beneficiary is a twelve-year-old beatific moppet. In fact, Obama amnestied those aged 30 and under in 2012 – which means some of them are 36 now, which means (given that they’re either undocumented or using fraudulent documents) some of these dreaming moppets are in their forties. No matter. Those who aren’t telegenic infants are, we’re assured, serving in the US Army or helping with Harvey relief. As Tucker Carlson scoffed last night, the proportion of Dreamers serving in the military is tiny. And as a statistic it might be more useful if we could compare it to the number of Dreamers serving in, say, MS-13.

Yet Orrin Hatch assures us that Dreamers have to be “of good character”. And DACA supposedly requires that a Dreamer…

.. has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

But this is rubbish. First, because US Immigration checks nothing. (I was told at the time of my own application that the relevant bureaucrat would spend six minutes on it, which is not enough time to read it, never mind check it. And I would imagine that since then the time allocation has only shrunk.) Second, because anyone with even the most casual acquaintance with the dank toilet of the US justice system knows that all over the map criminals are pleading down felonies to misdemeanors every minute of the day (a career criminal who stole from me did it in New Hampshire just last year). Third, because, thanks to the genius jurists of the Supreme Court, criminal aliens are specifically required to be advised of any immigration implications to their case, and so prosecutors more or less routinely tell them to cop a deal to avoid attracting the attentions of ICE.

That’s to say, the left hand of government tells Americans not to worry, no felons are eligible – while the right hand of government is frantically pleading down felonies to misdemeanors precisely in order that the felons remain eligible.

Trump’s ‘Never Mind’ DACA Tweet The president signals his enthusiasm for amnesty. Why would immigration activists give an inch? By Andrew C. McCarthy

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.

To End DACA, Follow the Constitution The Democrats need to cooperate on legislation, for a change. By Andrew C. McCarthy

The DACA controversy demonstrates the wages of the “progressive” conceit that our ingenious constitutional system is obsolete, that modern problems are so unprecedentedly complex they demand extra-constitutional solutions — such as a president’s usurping of congressional power, exactly the road to tyranny the Framers feared.

That is what President Obama did in presidentially legislating the Deferred Action on Childhood Arrivals program. Contrary to much of the public commentary, the defect in DACA is not that it was done in the form of an executive action (under the guise of a Department of Homeland Security memorandum). There is nothing wrong with an executive order that merely directs the lawful operations of the executive branch.

The problem is the substance of executive action. DACA is defective in two ways. First, it presumes to exercise legislative power by conferring positive legal benefits on a category of aliens (the “dreamers,” as concisely described in Yuval Levin’s Corner post). Second, it distorts the doctrine of prosecutorial discretion to rationalize this presidential legislating and to grant a de facto amnesty. These maneuvers violated core constitutional principles: separation of powers and the president’s duty to execute the laws faithfully.

There has never been a shred of honesty in the politics of DACA. Democrats have taken the constitutionally heretical position that a president must act if Congress “fails” to. They now claim that to vacate DACA would be a travesty, notwithstanding that the program is blatantly illegal and would be undone by the courts if President Trump does not withdraw it. For his part, candidate Trump loudly promised to repeal Obama’s lawless decree but, betraying the immigration-permissivist core that has always lurked beneath his restrictionist rhetoric, Trump has wrung his hands through the first eight months of his presidency. As for the Republican establishment, DACA is just another Obamacare: something that they were stridently against as long as their objections were futile, but that they never sincerely opposed and — now that they are accountable — cannot bring themselves to fight.

It is all so unnecessary.

Trump should do what he should have done his first day in office. He should declare the Obama-administration guidance null and void. Having sworn to preserve, protect, and defend the Constitution, he could explain that, while he would certainly execute any accommodations Congress enacts for “dreamers,” the president has no authority to confer positive legal benefits — such as work permits — on aliens. Trump could remind the public that President Obama himself publicly admitted he did not have the constitutional power to do what DACA does. Consequently, it makes sense for Trump to end the program now rather than continue on an unconstitutional course that the courts would inevitably invalidate. You don’t fix a problem by persisting in a lawless holding pattern.

The president could then explain how prosecutorial discretion legitimately functions, and how it would be exercised in favor of the dreamers.

In principle, prosecutorial discretion is a resource-allocation doctrine: The assets available for law-enforcement functions are finite, so the executive branch must prioritize — meaning serious violations get the most attention, while comparatively trivial violations often go unaddressed. Nevertheless, the president may not use prosecutorial discretion as a ruse to, in effect, repeal congressional statutes or decree new “laws.” To use some concrete examples, the federal government virtually never prosecutes possession of marijuana or fraud under a low dollar amount (say, $10,000). That does not mean such acts are no longer illegal; the government reserves the right to prosecute them in individual cases where peculiar circumstances warrant doing so. Still, absent highly unusual facts, these illegal acts are ignored so that sparse investigative resources can be targeted at more significant illegality.