Immigration Article of the Day: When A Rose Is Not A Rose: DACA, The Dream Act, And The Need For More Comprehensive Immigration Reform by Marisa Bono
When A Rose Is Not A Rose: DACA, The Dream Act, And The Need For More Comprehensive Immigration Reform by Marisa Bono , 40 Thurgood Marshall Law Review 1 (2015)
This article discusses the political and legal dynamics of immigration reform. The introduction concludes as follows:
DACAopponents decried the initiative as an “unprecedented” usurpation of power by the Obama Administration, when, in fact, deferred action is well established in immigration jurisprudence and has been used regularly in practice for many years. On its face, DACA was a reason for DREAMers to celebrate, but their battle was far from over. First, this article provides an overview of the federal immigration system, including the exclusivity of federal power over immigration, the vigilance of federal courts guarding against piecemeal local immigration policy, and the accepted role of deferred action as a type of prosecutorial discretion. Second, after providing an explanation of the DACA initiative and a synopsis of ensuing litigation, this article explains that DACA, while better than the status quo, has created substantial uncertainty for DREAMers and the public-at-large. Finally, this article argues that the lack of permanent statutory relief for DREAMers as part of comprehensive immigration reform will only lead to expensive litigation and patchwork in a system that was meant to be uniform and cohesive.
KJ