New Yorker
(Opinion)
Jeffrey Toobin
July 20, 2015
Olga
Flores, the seventh of eleven siblings, was born in a small town in the
central Mexican state of Hidalgo thirty-nine years ago. “There was no
work,” she told me recently.
“The only thing for a woman to do was to get married, have children,
and cook for her whole life.” A job in a nearby city would have required
a high-school certificate, but her education ended in middle school. So
in January of 1998, when she was twenty-one,
Flores arranged to come to the United States illegally. She took her
first trip on an airplane, to northern Mexico, and made her way to
Sonoyta, a town on the Arizona border.
One
of her brothers had immigrated to Columbus, Ohio, a few years earlier,
and he helped her make arrangements to cross into the U.S. “There were
about a dozen of us,”
she recalled. “It was a small truck, with the seats taken out. They
told us to lie down in the back, head to feet, feet to head, so there
would be room for everyone.” They drove for about three hours, stopped
at a mobile home in the desert, then continued
on to Phoenix. A friend had set up another ride, which would take them
across the country, to Ohio. “It was so cold, and I didn’t have a
jacket,” Flores said. “We slept in the car and ate at McDonald’s. It was
the first burger I ever had. It was very tasty.”
When she reached Columbus, she paid her brother a thousand dollars,
which he turned over to the guides, or coyotes, who had made the trip
possible.
Eventually,
Flores got a job as a cashier at a Wendy’s. “It was really hard for me,
because I couldn’t tell what the Americans wanted,” she said. “When I
learned more
English, I started taking orders.” She soon met David Flores, who was
also in the United States illegally. They got married and had twin boys,
David and Luis, in 2000, and a third son, Iker, four years ago. “David
has always been a really good person and a
really good father,” Flores said. “In Mexico, we are used to men not
washing dishes and not doing anything around the house, and he is the
opposite.” Today, David operates a taco truck, which he stations in a
parking lot near the small duplex apartment where
the family lives, just outside Columbus. David is in the truck from 11
A.M. to 9 P.M. on weekdays, and on Sundays he works at McDonald’s. When
Olga is not caring for the children, she is in her kitchen, preparing
the rice, intestines, and tongue for the truck.
Like
many people who have arrived illegally from Mexico, Flores has built a
productive life here. She is a longtime resident, has no criminal
record, and is the parent
of American citizens. Through much of Barack Obama’s Presidency, there
was a political near-consensus regarding the need to address the status
of immigrants like Flores. Under the immigration-reform law passed by
the Senate in 2013, she would have had a path
to become a citizen; under the executive actions announced by President
Obama in 2014, she could have obtained work papers and a driver’s
license. But the House failed to vote on the Senate’s immigration bill,
and a federal court in Texas has placed Obama’s
initiative on hold.
The
result is a comprehensive breakdown in public policy. During the Obama
Administration, which purports to be dedicated to easing the plight of
residents like her, Flores
and her peers have faced greater threats of deportation than at any
time in decades. Republicans, for their part, have ended their brief
experiment, reflected in the Senate bill, in bipartisanship on
immigration. The Party is now close to united in opposition
to any initiative that might offer Flores and others the chance to
become American citizens. Flores, and the roughly eleven million people
in similar situations, have no choice but to wait and worry.
Donald
Trump, in his speech announcing his candidacy for the Republican
Presidential nomination, in June, addressed the issue of illegal
immigration from Mexico. “When
Mexico sends its people, they’re not sending their best,” he said.
“They’re sending people that have lots of problems, and they’re bringing
those problems with us. They’re bringing drugs. They’re bringing crime.
They’re rapists. And some, I assume, are good
people.” (The crime rate among first-generation immigrants is
significantly lower than that of the general population, according to
Bianca Bersani, a sociologist at the University of
Massachusetts-Boston.) Trump’s remarks prompted several of his business
partners,
including Univision and Macy’s, to sever their ties with him, but the
comments have led to relatively little examination of the lives of the
immigrants themselves.
For
many years, Flores’s legal status existed for her as a kind of
background anxiety, affecting her life in modest ways. Because traffic
stops by the police could lead
to deportation, she drove the family car as little as possible, and
never out of state. “Here, at least, we know the city, we know the
streets, we know which are one-way or two-way,” she said. “If we go
somewhere else, we are scared that we don’t know the
area.” Now her situation has taken on a new urgency. Early this year,
her son Iker had a series of infections that proved resistant to
treatment. “The first two times that I took him to the doctor, they said
it was an ear infection and then a throat infection,
and they did not draw blood. On the fourteenth of February, we noticed
that he had some red dots on his ears. That’s when they drew blood. Four
days later, they told me he had cancer of the blood”—acute lymphocytic
leukemia. Iker has begun a course of chemotherapy
at Nationwide Children’s Hospital, in Columbus, which is likely to take
three or four years.
“Before
I had children, I thought about what if the police would pick me up—I
would just leave, go back to Mexico, even though I haven’t been there in
a long time,” Flores
told me. “Now that my child is sick, I really do worry. Medicine back
home is very different. When you go to the doctor, you have to take
money before things happen. He has a higher probability of surviving in
the United States. Now we have to stay.”
When
I visited the Floreses’ apartment, Olga demonstrated a trick with sour
cream that she had learned during a stint working at Chipotle. She
emptied a five-pound jar
into a metal bowl, then whipped it with a wooden spoon. “If you whip it
first, it comes out of the squirt bottles easier,” she said. The
family’s duplex is in a town-house development. There are two
refrigerators squeezed into the kitchen, to accommodate the
restaurant-size quantities of food that the family must buy and prepare
every week for the taco truck. Iker sat on the sofa watching cartoons
on a big-screen television. He’s an outgoing kid, who moves seamlessly
between English and Spanish, but he has been
having a tough time with the chemotherapy. He’s weak and very thin, and
has trouble keeping food down. Lately, he has been struggling to walk
up the stairs to his bedroom, so Olga is carrying him around more than
she once did. His brothers help out, but at
this moment they were at the truck, helping their father.
Shortly
after Iker’s cancer was diagnosed, Flores went to see Julie Nemecek, an
immigration lawyer in Columbus, to ask about her options for
establishing a more secure
basis for remaining in the United States. Nemecek had handled many
similar cases before. “Most of the people I hear from have been in Ohio
for a long time, and the vast majority are undocumented, because they
snuck across the border,” she said. “They have
made lives here. They have been in hiding, hoping that when they drive
to work or take their kids to school they won’t get stopped.” Nemecek
offers clients like Flores little reassurance. “Everything is in limbo,
so people are uncertain, and they feel hopeless,”
she said.
When
Barack Obama ran for the Presidency, he pledged to enact comprehensive
immigration reform, but he didn’t push the issue in his first two years
in office, when Democrats
had strong majorities in both houses of Congress. Instead, he made what
became known as a “down payment” for a bipartisan immigration bill
later in his Presidency.
“There
was definitely in the Obama Administration an intention to do tough
enforcement as a down payment for comprehensive immigration reform
later,” Marc Rosenblum, of
the Migration Policy Institute, a nonpartisan think tank in Washington,
said. Rosenblum is the deputy director of the institute’s
U.S.-immigration-policy program. “The idea was to prove to Republicans
that he could be trusted on enforcement, so that he could
get a path to citizenship in return.”
The
first part of the down payment was to toughen enforcement at the
Mexican border. Under Obama, a record number of agents are patrolling
the border: nearly twenty thousand,
roughly five times as many as there were two decades ago. In the light
of this change, the Obama Administration has claimed that the number of
illegal immigrants crossing the border has reached a forty-year low.
(The faltering economy during Obama’s first
term, which made the United States a less promising destination, was
certainly another important factor in the decline.)
The
more controversial part of Obama’s down payment involved immigrants who
had already arrived and settled in the United States. The
Administration greatly expanded a
program known as Secure Communities, in which information was shared
between Immigration and Customs Enforcement and the F.B.I. Whenever
anyone was arrested and booked, his or her fingerprints would be sent to
the F.B.I., as before, but now the information
would also go to the immigration authorities. “It was a huge force
multiplier,” Rosenblum said. “The program was pitched as a tool to find
serious criminals, but, at least initially, the vast majority of people
were picked up for traffic violations and very
minor offenses. A lot of these people ended up being deported.” Julie
Nemecek recalled, “Around 2010, the number of my Mexican clients
increased, with enforcement getting really, really heavy because of
Secure Communities. People were getting picked up left
and right when their only offense was driving without a license or
drunk driving.” As a result of tougher enforcement, deportations soared
under Obama. Since 2009, removals of illegal immigrants have averaged
more than four hundred thousand per year, compared
with an average of two hundred and fifty thousand per year under George
W. Bush.
Secure
Communities had an enormous impact on the day-to-day lives of Latinos
in the United States. “There are people who are not a safety threat who
are snared into the
deportation apparatus,” Clarissa Martínez, the deputy vice-president of
the National Council of La Raza, a leading Hispanic-rights
organization, told me. “Also, when you start deputizing local law
enforcement to help apply immigration law, you are going to
have abuses, and that’s what happened. People feel that regardless of
whether you are first-, second-, third-generation American, the folks
who are going to be stopped are going to be Latinos.” Rosenblum said,
“Until the last decade or so, the chances were,
if you made it past the border, you were not going to get deported,
unless you were committing serious crimes. But, with the crackdown, the
broader immigrant community felt under attack. They lived here, and
suddenly they were unable to work, unable to drive.”
Still,
the underlying theory was that Secure Communities would be the stick,
and comprehensive immigration reform would be the carrot—and the goal
appeared within reach
after Obama was reëlected, in 2012. The defeat of Mitt Romney brought
Republicans to the realization that they had to broaden their appeal to
Hispanics, the fastest-growing group of potential voters in the nation.
In March of 2013, Reince Priebus, the chairman
of the Republican National Committee, released a report that said the
Party “must embrace and champion comprehensive immigration reform.” In
short order, many Republicans in the Senate, including such prominent
figures as John McCain and Marco Rubio, did just
that, and a bill that included a path to citizenship for people like
Olga Flores passed by a vote of sixty-eight to thirty-two.
The
battle over immigration reform presents a clash of fundamentally
different visions of the role of the federal government. The President
and his allies assert that
their position is based on a combination of realism and compassion.
They argue that it’s impossible to deport all of the country’s illegal
immigrants. In addition, they say, it’s heartless to break up families
who are long settled in the United States.
Opponents
of reform, who are led by Jeff Sessions, a Republican senator from
Alabama, believe that national security, along with the rule of law,
compels a different approach.
“If everyone who enters the country illegally can stay and become a
citizen, that just encourages more people to come illegally,” Sessions
told me. “If people see that they have nothing to fear after they cross
the border and settle here, then that creates
an incentive for more people to come, and that’s wrong. If they are
here illegally, they should be deported.” What’s more, he argues, a
porous border invites criminals, including terrorists, to settle in the
promised land of the United States.
Yet
John Boehner, the Republican Speaker of the House, and Eric Cantor, the
Majority Leader, described themselves as supporters of immigration
reform, and it was clear
after the 2012 election that the votes were there to pass it. “Boehner
promised the President that he was going to bring a bill to the floor,” a
former White House aide told me. “There’s always a significant
House-versus-Senate rivalry, so the Senate bill
itself was going to be a nonstarter in the House. But some sort of
reform bill was sure to pass if it came to a vote.” Virtually all of the
Democrats in the House, as well as some Republicans, supported
comprehensive reform along the lines of the Senate bill,
but immigration reform was anathema to the Tea Party. Boehner asked
staff from the House leadership to come up with a proposal that modified
the Senate bill without gutting it. The result was an outline of
recommendations, but conservatives in the House persuaded
Boehner to back away from them.
After
the passage of the Senate bill, chances for any sort of reform bill in
the House began to recede. The government shutdown, for two weeks in
October of 2013, poisoned
relations between the President and congressional Republicans. Then, on
June 10, 2014, Cantor lost a primary to a poorly funded and largely
unknown challenger, who focussed his campaign on Cantor’s alleged
softness on illegal immigration. The victor, David
Brat, went on to win the seat. Republican support for reform suddenly
vanished. As the former White House aide told me, “There was always this
germ of hope, but then Eric Cantor lost his primary. There was probably
a five-per-cent chance before that, and it
went to zero.”
Olga
Flores speaks English imperfectly, so some of our conversations were
interpreted by Jessica Pantaleon Camacho, who works as an assistant in
Julie Nemecek’s law office.
Pantaleon Camacho was born in Mexico twenty years ago and brought to
the U.S. illegally as a three-year-old. “When I started going to high
school, I convinced myself that school was the only way I could get my
family out of the situation,” she told me. “I
took all Advanced Placement classes starting in my sophomore year. I
graduated near the top of my class.” Her teachers wrote enthusiastic
recommendations to colleges, and Pantaleon Camacho was accepted at
several schools, with scholarship offers. “When I was
about to graduate, we had to decide what school,” she said. “That’s
when they told me that I needed a Social Security number. I wasn’t able
to provide it.”
Pantaleon
Camacho is among the “Dreamers,” the term that has come to define the
group of people who were brought illegally to the United States when
they were children.
The Development, Relief, and Education for Alien Minors Act, known as
the DREAM Act, was presented several years ago as a modest alternative
to the round of comprehensive immigration reform that was stalled in
Congress at the time. The law would provide a
path to citizenship for people like Pantaleon Camacho, who had
essentially lived their entire lives as Americans. It failed, and the
President began taking a series of unilateral executive actions designed
to ease the plight of the Dreamers. On June 15, 2012,
the Obama Administration announced the Deferred Action for Childhood Arrivals program, known as DACA. The program would give as many as 1.7
million people work authorization and a two-year reprieve from
deportation, which was renewable for another two years.
In most cases, this meant that the Dreamers were also eligible for
driver’s licenses and, in some states, for in-state tuition at state
universities. Almost eight hundred thousand individuals applied for DACA
coverage, and about eighty-four per cent of them
were approved.
Pantaleon
Camacho was one of them. “It has changed my life,” she told me. “I have
a Social Security number and a driver’s license. I am able to drive
without fear of being
pulled over and being sent back to Mexico.” Her job in the lawyer’s
office is on the books. She was admitted to Bowling Green, a state
university in Ohio, but she is ineligible for any scholarship
assistance, so she takes classes at a local community college.
“It all comes out of my own pocket,” Pantaleon Camacho told me. Her
situation is much improved but still tenuous: her DACA status expires
roughly at the end of the Obama Administration, and no one knows what
the next President will do with the program.
DACA did nothing to help families like the Floreses, in which the parents
came to the U.S. as adults and the children were born here. By 2014,
immigration activists began
putting greater pressure on Obama to take executive action to help more
families. “When Boehner pulled out of the process, that’s when there
was a total focus on the President, because the legislative door had
been shut,” Clarissa Martínez, of La Raza, said.
The White House felt the heat. “There was a period in 2014 when the
immigration activists gave up on Congress and said it’s now on the
President,” the former White House aide said. “They started calling him
Deporter-in-Chief. The President brought them all
in. He said by criticizing him they were letting the Republicans off
the hook. He said he needed more time. He said, ‘I will do everything I
can at the end of the summer.’ ” But Democratic Senate candidates in
competitive races, like Kay Hagan, in North Carolina,
implored the White House not to take any controversial steps on
immigration before the midterm elections. Obama agreed; activists
seethed; virtually all the Democratic candidates, including Hagan, lost
anyway.
Finally,
on November 20, 2014, just a few weeks after the elections, Obama
launched his long-awaited series of executive actions on immigration. As
the President explained
in a rare prime-time address from the White House, the centerpiece was
an initiative called Deferred Action for Parents of Americans and Lawful Permanent Residents, known as DAPA. This program, which would be run by
the Department of Homeland Security, was
aimed at the parents of American citizens who were themselves illegally
in the country but had been law-abiding residents of the United States
since 2010. Following a case-by-case review, they would receive an
immigration status known as “deferred action,”
enabling them to apply for work permits and driver’s licenses. DAPA was
intended to cover about 3.6 million people, more than thirty per cent
of the illegal immigrants in the United States. The D.H.S. made plans to
hire as many as three thousand new employees,
some of whom would work in Arlington, Virginia, in an eleven-story
building that the government leased for $7.8 million a year. (Also on
November 20th, Obama expanded eligibility for the DACA program, and
replaced Secure Communities with a program that targets
serious criminals.) According to Obama’s plan, the government would
begin accepting applications for deferred action under DAPA in February,
2015.
“DAPA is of tremendous magnitude,” Clarissa Martínez said. “It’s what
Americans want of the undocumented community—that they come forward, go
through criminal-background
checks, and those who are working do so legally. For the American
public, it sounds practical and pragmatic to give people who have deep
roots in the community and have good moral character a chance to get
right with the law. The announcement of these programs
was an incredible step forward and the biggest progress we’ve seen on
the issue in two decades.”
The
Floreses pride themselves on using fresh, authentic ingredients for
their food truck. Olga showed off a large maguey leaf, from a variety of
agave, which David was
about to cut up, toast, and use as a seasoning for the meat before he
grilled it. “The best things,” Olga said.
Olga
Flores has not closely followed the twists and turns in immigration
policy, but, like most immigrants, she was aware of DAPA and planned to
take advantage of it.
There is a cruel asymmetry to immigration law: the people with the most
at stake have the most trouble understanding it. This is because, even
for lawyers, immigration law is notoriously complicated. It’s related
to, but ultimately very different from, other
criminal or civil litigation; immigration law has its own traditions
and doctrines—and the rules often change. For civilians, the morass is
difficult to navigate, and for non-English-speaking immigrants the law
can be nearly impenetrable. Still, everyone knew
that Obama’s November 20th directives were hugely significant. On the
night of Obama’s speech, many immigration-rights groups around the
country held viewing parties to celebrate the news. Flores was hopeful,
too. “We were very excited,” she told me.
But
two weeks after Obama’s announcement Texas and sixteen other states
sued the federal government to stop the DAPA program. Eight states
joined later. The heart of the
case against the Administration is the contention that Obama
overstepped his authority in establishing the program. “The case isn’t
about any particular immigration policy; it’s about the rule of law,”
Scott Keller, the Texas solicitor general, told me. “DAPArewrites the immigration statutes, and the executive does not have
unilateral authority to do that. Congress has not granted the executive
the power to deem people who are unlawfully in the country to be
eligible for work permits, Medicare, unemployment benefits,
and access to international travel. Congress has done quite the
opposite. The executive can’t do it alone.”
Obama
Administration lawyers fired back from several directions. First, they
argued that Texas and the other states lacked standing—that is, that
they had no right to
file the case in the first place, because DAPA imposed no obligations
on the states. “The core of Texas’s argument is that they will have to
pay for driver’s licenses for the beneficiaries of DAPA,” an
Administration official told me. “But that’s not enough
to get them standing. It’s a very incidental expense, and they could
raise their prices to cover it, anyway. States don’t get to sue just
because they don’t like the policies of the federal government, and
that’s what this case is really about.” The plaintiffs
have argued that they have standing because DAPA will encourage illegal
immigration, which would be an imposition on states. Yet fourteen
states and the District of Columbia filed a friend-of-the-court brief in
support of DAPA, asserting that the program would
actually help, not burden, individual states. “When immigrants are able
to work legally—even for a limited time—their wages increase, they seek
work compatible with their skill level, and they enhance their skills
to obtain higher wages, all of which benefits
State economies by increasing income and growing the tax base,” the
brief explains.
On
the merits, too, Administration lawyers argued that the President was
within his rights to extend these benefits to undocumented people. “This
whole case is a matter
of enforcement priorities,” the official said. “We can deport four
hundred thousand people a year, but we can’t deport all eleven million
undocumented people here, so the President has a right to establish his
priorities for the limited time he is in office.
And he’s saying that he is not going to deport people with children and
ties to the community who are willing to undergo a background check.”
George H. W. Bush had a similar program for a select group of
immigrants, and it proceeded with little fanfare and
no legal challenge.
Like
the plaintiffs in many civil cases, the Texas solicitor general had
wide latitude in choosing the court where he wanted to file the suit.
Lawyers often do some judge-shopping
if they think it will help them win their cases, and it was quickly
evident that the Texas lawyers shopped wisely. Keller’s predecessor
brought the lawsuit in Brownsville, close to the Mexican border. The
local federal judge assigned to the case, Andrew Hanen,
had already shown a marked hostility toward President Obama’s
immigration policies. Hanen had been appointed to the district court in
2002 by George W. Bush, and, in earlier rulings, he had called the
President’s deportation policy “misguided” and asserted
that it “endangers America.”
According
to the President’s plan, the government was going to begin accepting
applications for deferred action under DAPA on February 18th. Less than
forty-eight hours
before the program went into effect, Judge Hanen filed a
hundred-and-twenty-three-page opinion issuing a preliminary injunction
that put DAPA on hold. In the case known as Texas v. United States, he
ruled that Texas and the other states did have standing to
challenge the law, and then he ruled against the Administration on an
esoteric but important matter. Hanen held that the Administration had
failed to follow the correct procedures in putting DAPA into effect; he
said that the Department of Homeland Security
should have given the public the chance to be heard in what’s known as
notice-and-comment rule-making before implementing the new policy. The
opinion did not directly address the underlying legality of DAPA, but
the judge offered clear hints that he was dubious
about the program. DAPA “does not represent mere inadequacy; it is
complete abdication,” Hanen wrote. “The D.H.S. does have discretion in
the manner in which it chooses to fulfill the expressed will of
Congress. It cannot, however, enact a program whereby
it not only ignores the dictates of Congress, but actively acts to
thwart them.”
In
a further rebuff to the Administration, Judge Hanen issued a stay on DAPA covering the entire country, even though his jurisdiction covered
only part of Texas. Administration
lawyers rushed an appeal of Hanen’s stay to the United States Court of
Appeals for the Fifth Circuit—one of the most conservative circuits in
the country. On May 26th, a panel of the appeals court ruled, two judges
to one, that Hanen was correct to enjoin DAPA. Earlier this month, during a hearing before another three-judge
panel, the same two judges maintained their skepticism about Obama’s
immigration initiative. Regardless of what the Fifth Circuit ultimately
rules, the losing party will still have the right
to appeal to the Supreme Court. As Jeff Sessions, Obama’s chief
adversary in Congress, put it, “The courts may take longer than the
President will be in office.” The Department of Homeland Security has
put the plan to hire three thousand people to administer DAPA on indefinite hold.
It’s
always been a key part of the Administration’s plan to establish DAPA before the end of Obama’s term, making it difficult for any successor to
withdraw a benefit
that has already been granted. But by delaying his actions until after
the 2014 midterms the President may have given his opponents, in
Congress and in the courts, the time and the tools to unravel his most
important work on immigration.
The
oncology and hematology clinic of Nationwide Children’s Hospital is a
determinedly sunny place. The furniture in the waiting room is colorful,
the pictures on the
walls cheerful. Entertainment options for the young patients abound.
Iker Flores perched himself on an examination table and quickly lost
himself in a video game. His prognosis is good; his cancer has a very
high survival rate. Iker has become used to the
chemo port affixed to his chest. But the treatment sessions, which last
as long as twelve hours at a time, are gruelling. This visit was to
check his blood to see if he was ready for a chemo session the next day.
The doctors decided to put off treatment for
a little while to allow Iker to regain some strength.
The
strain on the family, financial and otherwise, is considerable. The
Flores children have health insurance through a nonprofit company in
Ohio called CareSource, and
the hospital has not pressed them for additional payments. But Olga had
to give up part-time work cleaning houses to take care of Iker. He had
been attending a Head Start program when he became sick, but he’s had to
drop out. “The timing for DAPA was perfect
for us,” Olga told me. “Even a few days before he was diagnosed, he was
going to school nine to two. Now he can’t even go to school. I was
helping my husband. Now I can’t work.”
At
one point, immigration represented a kind of exception to the
polarization that dominates contemporary politics in Washington. Both
George W. Bush and Barack Obama
pushed Congress to pass comprehensive immigration reform. And the
Senate passed its bipartisan immigration bill only two years ago. But,
as the Presidential campaign has heated up, the issue has come to split
the parties in stark ways. “The experience under
Obama and Bush has upped the ante on what we want to hear from
candidates that are vying for the Presidency in 2016,” Clarissa Martínez
said. “Both Obama and Bush said they wanted to get it done, and their
hearts may have been in the right place, but they
both ran into trouble with Congress. That’s why hearing that somebody
believes in immigration reform is not good enough. We want to know what
they will do on their own as President.”
Trump’s
comments about immigrants from Mexico drew condemnation from many
Republicans for his impolitic tone, but, in their substance, his views
are widely shared within
the Party. At various times, Jeb Bush, the former Florida governor,
Marco Rubio, the Florida senator, and Scott Walker, the Wisconsin
governor, all supported versions of immigration reform that would allow
people like Olga Flores to become citizens. All have
tacked right. Bush has talked recently of a path to “legalized status”
for undocumented aliens rather than a path to citizenship; he also said
recently that he would repeal DACA and DAPA. Rubio has said that he now
favors a piecemeal approach to immigration,
rather than a comprehensive bill; and Walker recently said, “I don’t
believe in amnesty” for those who have entered the country illegally.
Rubio and Walker have also denounced DACA and DAPA. The other Republican
candidates have talked about immigration almost
exclusively in terms of border enforcement. Ted Cruz, the Texas
senator, recently asked a group of supporters to “imagine a President
that finally, finally, finally secures the borders,” and he criticized
Obama’s “lawlessness and the President’s unconstitutional
executive amnesty.”
Hillary
Clinton, in contrast, has staked out a position to the left of
President Obama. In an appearance in Las Vegas, in May, Clinton said,
“We can’t wait any longer
for a path to full and equal citizenship.” She said it was “beyond
absurd” to think that all eleven million illegal immigrants in the
country could be deported. And she said that she would expand DACA and DAPA. “If Congress continues to refuse to act, as President
I would do everything possible under the law to go even further,” she
said, suggesting, for example, that she would extend protection to the
parents of Dreamers.
For
now, though, the only certainty for Olga Flores and others in similar
situations is more uncertainty. If Clinton wins, and Congress remains in
Republican hands, the
new President will be reduced to attempting the same kind of piecemeal
executive actions as Obama—if the courts even allow those to proceed. If
a Republican wins, Flores’s chances of deportation will rise. Either
way, the issue will remain on the national
agenda, even as the opportunity to come to any solution continues to
recede.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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