No Matter What 45 Does On DACA Tomorrow, There Will Be Legal/Constitutional Challenges — Nationwide.
September 4, 2017

I find myself (once again!) looking at 1600 Pennsylvania as an insular place — a place that knows just about nothing of our way of governing. Our 240 year experiment in real and tangible freedoms. In boisterous, but ultimately vibrant democracy.

So some time tomorrow, apparently, 45 will declare that he is (in some delayed form) ending the Obama era policy that came to be known as DACA. And he will simply kick it over to Congress to save these fine young Americans’ futures.

And in a transparently silly prevarication, Trump will then say he did his part to end “illegal” immigration — and “blame” Congress for keeping about 800,000 now solid Americans on a path to becoming. . . citizens. This Kabuki theater session, over a series of months, now is simply nauseating, because real people — and real families — are at real risk, of being torn apart by it.

I certainly wish we had a real leader, instead of a clownish cartoon. Here is a bit, from today’s NYT editorial page:

. . . .Dreamers divulged information to the government, expecting that their information would not be shared. The information includes not only potentially incriminating information like date of initial entry and length of stay in the United States, but also details like their names, addresses, school information and Social Security numbers — precisely what the government needs to locate and detain them quickly.

As Zachary Price of the University of California Hastings College of the Law has argued, using such information would constitute entrapment. Courts have thrown out convictions of defendants who were prosecuted based on actions, statements or information they provided when they were assured that their conduct would not lead to adverse action. Dreamers facing deportation could apply the same logic here. Absent that information, it would be much harder, though not impossible, to deport them. Allowing the government to use their information would be, to quote the Supreme Court in a leading entrapment case, “shocking to the universal sense of justice”. . . .

I will file — in Chicago — on behalf of any Dreamer whose fundamental rights are threatened with an “entrapment” style abridgement. And that suit will prevail, almost without a doubt. So. . . bring it on, 45 — just like Muslim Bans 1.0 and 2.0 — we will run the table on your lunacy (if Congress doesn’t legislatively neuter you, first). Read this as ardent. . . motivation, walking.

G’night, one and all.