According to my sources, there are two potential options being discussed: 1) keep DACA in place for six months to a year and have Congress pass a fix (perhaps as part of a larger border security bill), or 2) repeal DACA but allow continuation for work permits (so DREAMers can earn a living while Congress hammers out the details), and assign them a low deportation priority until Congress can pass a fix. Finally, Congress—not a presidential executive order—must codify this carve-out into law.
This last part is key, in that it acknowledges that a fundamental problem with DACA is that President Obama’s unilateral order trampled on the rule of law and separation of powers—not that the notion of crafting a way to compassionately deal with these youths was wrong…
One theory is that there is campaign Trump and then there’s governing Trump. But it’s also consistent with a Donald Trump who likes to do deals (one compromise might include paying restitution, such as a fine, or performing community service), likes to be seen as pragmatic, and wants to be liked. For President Trump to look like he’s against all foreigners and sort of inhumane and cruel about it is not in anybody’s best interest—especially his. Solving this problem would play into his image as a sort of savior, like the Czar who at the last moment stays the execution of Dostoyevsky. By demonstrating an act of mercy, Trump also reinforces his power.
What is more, this could be his “Only Nixon can go to China” moment.
Join the conversation as a VIP Member