The Psalmist tells us:

Mercy and truth are met together; righteousness and peace have kissed each other.

Elsewhere in the Scriptures we are exhorted to “do justly, and to love mercy, and to walk humbly with thy God.”

Aspirational.  As a nation, let’s see how close we can come to this standard of perfection in one small aspect of our law.

So, we have a Deferred Action for Child Arrivals program created via presidential executive memorandum, and declared illegal by a federal court.  Somewhere between half a million and a million younger people are stuck in this legal limbo.  They came here as minors, mostly accompanying their parents.  Probably about half crossed the border illegally while the other half overstayed their authorized temporary visa admissions.

What should have happened was that these children should have been turned away at the border with their families and sent packing.  Those who overstayed should have been rounded up with their families and sent home.  That would have been the right thing to do and justice would have been served.  However, the time for “should have” for these folks came and went long ago.  It’s time to stop deferring action and close out the DACA program. 

For decade upon decade federal politicians have ostensibly had some form of gargantuan immigration reform in the works, always going about it backwards and never getting the job done.  Always legalization first with a promise to strengthen the borders later.  The legalization only increases the bungee pull on those wanting to live here without the benefit of a legal immigration process.  The follow-up enforcement is usually nowhere to be seen.  For the most part, today’s critics of immigration reform who call for rather robust enforcement of existing regulations are correct.

Closing this gap in law and procedure requires Congress to act, because as it stands, with an administration that ignores existing laws and flouts the needs and interests of Americans with impunity, our only rectification comes through the courts—but we need something on the books in the first place.

2024 will be a very busy year for the 118th.  Elections for the entire House and 1/3 of the Senate will be upon us before we know it.  We also know that if the House passes a bill closing down the DACA program, it likely will not pass today’s Senate.  However, it would be a boon for candidates, and the American people.  Candidates for Congress, as well as the presidency, could point to this bill and promise its passage, perhaps as one of the first acts of the 119th.

What do we do with these people, the DACA dreamers?  We provide to them a pathway to legal residency, but never citizenship.  That’s fair.  They get to stay, but don’t get a blue ribbon for skipping the line.  Give those already enrolled in the program two years to apply for a conditional green card, and DHS a limit of five years from becoming law to completely process all the applications.  Then shut it down.

Applicants must be required to present a valid passport from their home country.  If they’ve been living and working here under an assumed identity, it’s time to come clean.  A name check would reveal any prior encounters with DHS (Immigrations and Customs) and the State Department (visa applications).  Cleaning up the fraudulent use of another’s identity, as well as correcting Social Security and Medicare contribution records must be part of the process.  Those who have committed crimes that would result in deportation if they were green card holders should get deported.

Their residency would be conditional on their good behavior.  And under no circumstance should they be given any pathway to citizenship, even if they marry a U.S. citizen.  That’s only fair.  Their children born here would be citizens.

They receive the opportunity to enjoy life, thrive in liberty, and pursue their happiness here in our great country.  They would not get to vote, be granted a government security clearance, or travel abroad on a U.S. passport.  An even exchange for people who probably never would have been eligible to immigrate here at all; and just, and merciful. 

Anony Mee is the nom de blog of a retired public servant.

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