Deferred Action for Childhood Arrivals: A Constitutional Issue

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Deferred Action for Childhood Arrivals (DACA): A Constitutional Issue
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Deferred Action for Childhood Arrivals (DACA): A Constitutional Issue I. Background
The question of immigration is a staple in U.S. politics, elections and culture. Founded as a “nation of immigrants” seeking refuge from religious, political, and social oppression, immigrants to what has come to be United States of America have found a new Promised Land to practice religion freely and, as a new republic was born and a constitution drafted, “free enterprise” and “pursuit of happiness” have come to define experiences in U.S. for new immigrants and “native” residents. The U.S. immigration laws, regulations and policies have ever since evolved – and, for that matter, modified, argued, and confirmed/declined – over centuries. In early foundational years of U.S. republic, a “European” experience was a predominant factor to propose and introduce new bills and laws into U.S. growing arsenal of laws of a en expanding republic. That is, Europe, a main source of immigrants for a new nation, defined immigration in U.S. early foundational period. Typically, an independent entrepreneur (or, “adventurer,” using a word in common use in early immigration phases), a (Christian) family and/or a “mercantile class” investor were “staple” immigrants to a United States of America. The “negros” (i.e. Africans shipped from West Africa to work in plantations in U.S. South) and “wetbacks” (i.e. Mexicans who were so commonly referred to centuries on) were, “constitutionally” and in practice, cast out of such a designation of immigrants usually reserved for European newcomers. In as late as early 1900s, immigration to a United States of America was still a matter of “free flow” of people crossing ports of entry primarily by land (such as Mexicans did and still do), by sea (such as Caribbeans did and still do) or, decades on, or by air (as a good many “visitors,” coming for a “short family visit,” for vacation or short business
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matter did and still do). In early 1990s and early 21st century, means to avoid immigration authorities have narrowed down considerably and, should a “visitor” overstays, deportation is imminent – no short notice and, for that matter, no due process.
The current reality of U.S. immigration system has, however, outgrown earlier (and much outdated) immigration laws, regulations and policies. If anything, millions of “illegal,” or undocumented, immigrants currently reside in a United States of America increasingly relying on “temporary work permits” to admit “aliens,” particularly from Mexico, to perform a wide range of jobs, usually for below-standard wages and, for that matter, for next-to-nothing job benefits, guarantees or security. Th evolution of immigration in more recent years, into a United States increasingly depending on “alien” workers performing jobs in service industries, has created a new rea...