A 10-state coalition headed by Texas is threatening legal action against the administration regarding the continuation of the DACA, Deferred Action for Child Immigrants, putting the administration in a position of having to defend the program that has no constitutional basis due to the fact that The Dream Act was never passed by congress and it is not compatible with current law. The entire point behind the current media-created drama is a choice between defending the program which would ultimately fail if our judicial branch is functioning as it should, or saving time and money on an exercise in futility by killing the program now.

What is at stake here is well beyond the fate of these undocumented immigrants, and goes to the heart of our constitutional government and the separation of powers, because if the executive is allowed to implement the DACA without a corresponding bill having been passed into law, it would set precedent for the executive to do so in other matters. Regardless of how I feel about the treatment of people who had no choice in the matter of where they would grow up, my opinion is that the DACA should be suspended until congress amends immigration law in a compatible way.

So I would caution those who feel strongly enough about the fate of those impacted by the demise of the DACA to tread very carefully, because there is a possibility for this particular argument to end badly with the president gaining the precedent to implement whichever law he wishes without it having gone through the proper political process, and we should not allow passions and political expediencies of the present forever damn us with democratic monarchy.

The appropriate way to handle this issue is to allow the program to be suspended and pressure the congress critters to take up the matter so we can finally put it to bed with our constitutional separation of powers intact.

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