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Opinion: DACA was a weak temporary solution, both constitutionally and functionally

Carlos Esteban, 31, of Woodbridge, Va., a nursing student and recipient of Deferred Action for Childhood Arrivals, known as DACA, rallies with others in support of DACA outside of the White House, in Washington, Tuesday, Sept. 5, 2017. President Donald Trump will end a program that has protected hundreds of thousands of young immigrants brought into the country illegally as children and call for Congress to find a legislative solution. (AP Photo/Jacquelyn Martin)

EDITOR'S NOTE: Boris Epshteyn formerly served as a Senior Advisor to the Trump Campaign and served in the White House as Special Assistant to The President and Assistant Communications Director for Surrogate Operations.

WASHINGTON (Sinclair Broadcast Group) - The Constitution is the law of our land.

Under the Constitution, it is the role of the legislature, Congress, to write the laws and of the executive branch to enforce them.

This separation of powers has been specifically upheld by the courts in the context of immigration law.

DACA is simply not constitutional.

The Deferred Action for Childhood Arrivals was put in place in 2012 after Congress repeatedly refused to provide amnesty for illegal immigrants who arrived to our country as children.

The program enables those who meet certain criteria to register and be eligible to remain in the us for 2 year terms, which may be renewed.

President Obama singlehandedly opened a loophole in the immigration laws of our country. That is wrongful overreach.

Attorney General Jeff Sessions announced that the Trump administration is now ending the DACA program, but with an important caveat.

The administration is putting in place a 6-month grace period allowing Congress to come up with a solution on how to handle the approximately 800,000 people currently on the DACA program.

This is the correct approach. We elect our members of Congress to enact laws and come up with solutions to complicated problems, not kick the can over to the executive.


Here is the bottom line: DACA could never be a long-term solution. It was a weak stop gap, both constitutionally and functionally. DACA allowed for Congress to not have to pick a side between securing our borders and showing compassion. Without DACA, Congress has to find a way to actually legislate on this divisive issue.

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