How the Obama Administration Bypassed Congress to Grant De Facto Amnesty to Young Illegal Aliens

Diego Lozano/Arizona DREAM Act Coalition

Amid the hysterical criticism of President Trump’s decision to review government protections for young illegal immigrants, it is instructive to recall how the Obama administration bypassed Congress and usurped legislative powers to implement the controversial policy of Deferred Action for Childhood Arrivals, or DACA, in the first place.

In considering the fate of DACA for so-called DREAMers, Trump is not reviewing longtime U.S. immigration law, but rather a series of policies enacted by interagency memos after Congress repeatedly refused to pass the so-called DREAM Act to grant residency and rights to young illegals.

The Obama administration’s decision to bypass Congress and grant what essentially amounted to de facto amnesty to young illegals via interagency directives was so radical that I included the moves in the list of potential impeachable offenses in a 2013 book titled, Impeachable Offenses: The Case for Removing Barack Obama from Office.

The work, co-authored with researcher Brenda J. Elliott, documented how Obama’s guiding hand was seen in the series of memos that changed U.S. immigration enforcement policy, including toward DACA.

The Obama administration’s end run around Congress to essentially halt the deportation of young illegals was enacted despite Article I, Section 8 of the United States Constitution, which expressly vests in Congress, not the executive branch, the power to “establish a uniform Rule of Naturalization.” The clause has long been interpreted as specifically giving the legislative branch the power to set immigration policy.

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