Monday, December 7, 2020

DACA Returns

Eakinomics: DACA Returns

A federal judge ruled Friday that the Trump Administration must fully restore the Deferred Action for Childhood Arrivals (DACA) program it inherited from the Obama Administration, thus ending a roller coaster ride for the program. DACA was created in 2012 for those who had arrived before age 16, lived in the country since 2007, and have a high-school diploma or a GED. DACA participants, often known as Dreamers, could get work permits and were protected against deportation.

Then-president Obama stretched the limits of executive enforcement discretion to create DACA and President Trump sought to end it. A legal fight ensued, with the Supreme Court ultimately ruling that the Trump Administration rule-making process was flawed and overturned it. Friday’s ruling means that the issue is settled and new applicants can again apply for Dreamer status.

But that should not be the end of the issue. DACA was never a good idea, and a questionable use of executive authority. There is widespread, bipartisan sympathy for the plight of the Dreamers; the best next step would be legislation ending the issue forever. And while Congress is at it, it could take on other legalization issues as desired and undertake a fundamental overhaul of the core visa-granting system. One example of such a system was proposed by Jacqueline Varas and me. It reorients legal immigration to emphasize the potential economic contribution of immigrants, thus providing a much-needed boost to the long-run growth potential of the U.S. economy.

There is widespread interest in bipartisan policymaking in the next Congress. Immigration reform can be one of those issues.


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