Republican Senator On DACA Fallout: President Obama Created This Unconstitutional Mess

Is the RAISE act a solution?

The Deferred Action for Childhood Arrivals program that originated under Obama is winding down. Liberals are freaking out—and Congress now has to deal with this as they return from August recess.

The executive action has been controversial, with many making the argument that it’s an unconstitutional overreach from the White House on immigration policy. In fact, the Trump administration’s lawyers felt it was indefensible in its current form, while the Department of Homeland Security was adamant that an act of Congress was needed to keep DACA as it stands today.

Sen. Tom Cotton (R-AR), along with Sen. David Perdue (R-GA), proposed the RAISE Act, which was one of the most extensive overhauls in our green card policy, placing an emphasis on language and skills requirements. It’s aimed to protect American workers. Now, with the fate of the so-called DREAMers in Congress’ court, there could be a window to pass the RAISE ACT, along with legalizing the 800,000 DACA recipients who are vulnerable to deportation.

Cotton is certainly in favor of this, though reminded everyone on Hugh Hewitt today that DACA is one giant constitutional mess that was created by Obama and left in the lap of the Trump White House

HUGH HEWITT: Senator, will you agree with me to stipulate to get this started, DACA is un-constitutional, and but for the President’s six month action, which adds a ripeness element, the state attorneys general who were about to challenge it would have been successful, in my opinion, and that the President did a favor to every DACA kid by giving a ripeness argument to every court to delay ruling it un-constitutional?

TOM COTTON: Hugh, those points are almost undisputable. President Obama created this mess. And it’s landed in President Trump’s lap and our lap in the Congress. The reason we know it’s unlawful is President Obama himself said it was unlawful in 2010 and 2011 when he was asked to take these steps and did not. But he did so in 2012 in the middle of his reelection.

I don’t know if any capable and forthright lawyer who argues that the administration can defend this proposition in court. They certainly have weaker ground to stand on than President Obama did when he refused to defend the Defense of Marriage Act a few years ago in court. So it’s just not, this is all a mess of President Obama’s making.

HEWITT: And President Trump has done a favor to the Dreamers by giving a six month order which will cause courts to pause. Now the next question is will Democrats give up what they perceive to be a political advantage in having the Dreamers screwed to work with you and Senator Perdue and others to come up with a comprehensive bill that combines protections for DACA Dreamers with reform of immigration to make it more coherent?

COTTON: Well, Hugh, I certainly hope the Democrats will focus on the art of the possible here, what kind of agreement we can reach to achieve the President’s own stated goals. He has said repeatedly that he wants to “take care” of the DACA recipients. I have no objection to that. But we have to recognize there are going to be two negative consequences of that action.

One, we create a new opportunity for citizenship through chain migration for their parents, the very people who violated the law by bringing them here as children in the first place.

And two, we encourage other people around the world to bring their children here illegally. So we have to do something to stop chain migration. My bill does that, and we have to do something to enhance enforcement. That’s a very simple, logically-coherent legislative package. It’s not comprehensive reform. It’s not the Gang of 8 bill. It’s not trying to blow ocean. It’s trying to take the action that Democrats say they want, which is to give legal status to approximately three-quarters of a million of these people in their 20s and 30s while also mitigating the consequences of that action.

When asked about the prospects of Congress acting on legislation to reform immigration, Cotton was “optimistic,” while also saying he’s not just for blanket amnesty for the DREAMers.

“Hugh, I’m pretty optimistic. You know, the Democrats have said for years they want to give legal status to these people. The President says he wants to, but he also knows that we have to control the consequences of that,” said Cotton, “and there’s a very, like I said, logically coherent, straightforward, relatively small package that can be negotiated here. That’s what I’m going to work on. I’m not going to support just a blanket amnesty with nothing to control the consequences of it, or some kind of rebate Gang of 8 legislation. I’ll be an opponent of that.”

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There Is No Such Thing As a 'Deserving DREAMer'

Since when did DACA become the Depression and Anxiety Cure for Amnesty-seekers?

It's this insatiable appetite for collective entitlement that demonstrates the perils of blanket amnesty. Give a privileged political class an inch and they'll take, take, take until feckless public servants give away their country.

The proper response to illegal alien activists demanding that Washington act "NOW!" to preserve their comfort, allay their anxieties and extend their unconstitutional protections indefinitely is this:

Five million American young people between 16-34 were unemployed last year and 50 million more are not even in the labor force. Imagine their anxiety.

Hundreds of thousands of law-abiding people from around the world are waiting patiently for their backlogged visa and green card applications to be reviewed. Imagine their frustration.

Why don't their dreams come first?

Nancy Pelosi called on House Republicans to help her "safeguard our young DREAMers from the senseless cruelty of deportation and shield families from separation and heartbreak."

Never has this Bay Area elitist called on House Republicans to join her in shielding native-born and law-abiding immigrant families from the senseless and preventable violence committed by criminals in this country illegally who've caused immeasurable heartbreak for decades in her overrun California sanctuary.

Jamiel Shaw Sr., whose son was mercilessly shot to death by a sanctuary-protected gang member living in outlaw-coddling Los Angeles illegally, administered a bracing reality check:

"You want to talk about families being separated? Try spending your holidays talking to a grave!"

The left-wing DREAM racket is a self-perpetuating political marketing machine. Its primary contribution to American society? Lashing out at how cruel, racist, ignorant and ungrateful the rest of us are for not bowing down before the hallowed angel children of the Obama administration's amnesty program. It's no coincidence that the publicity-hungry leaders of the DREAMer movement are full-time fulminators in government-funded academia, community organizing outfits, immigration law foundations and the grievance-nursing media.

A deserving DREAMer would respect the sovereign right of an independent nation to determine who stays and who goes based on its national interest and constitutional obligations to put its citizenry first.

The deserving DREAMer, in other words, would admit he or she is owed nothing and deserves nothing. There is no such thing as a "deserving DREAMer."

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Conservatives in America -- Like Marranos in Medieval Spain

For those unfamiliar with the term, Marranos was the name given to Jews in medieval Spain and Portugal who secretly maintained their Judaism while living as Catholics in public, especially in the 15th century during the Spanish Inquisition.

There is, of course, no Spanish Inquisition in America today -- no one is being tortured into confessing what they really believe, and no one is being burned at the stake. But there are millions of Marrano-like Americans: Americans who hold conservative views -- especially those who hold conservative positions on social issues and those who voted for Donald Trump for president.

Millions of Americans who hold conservative and/or pro-Trump views rationally fear ostracism by their peers, public humiliation, ruined reputations, broken families, job loss and the inability to work in their field. Under these circumstances, they have decided that coming out as conservative or pro-Trump is not worth the persecution they would endure.

In terms of the percentage of the population effected, there is no parallel in American history. Coming out as a homosexual prior to the 1960s and 70s, or publicly announcing oneself as a member of the Communist Party in the 1950s would have often led to similar dire consequences in one's social, work and family life. But gays and Communist Party members comprised a tiny percentage of the American population. And Communists supported true evil.

I wish I could share all the emails sent to me from professional musicians who play in some of the premier orchestras in America. They wrote to me following the nationally publicized attempts by left-wing members of the Santa Monica Symphony Orchestra and the Santa Monica city government to prevent me from conducting a Haydn symphony at the Walt Disney Concert Hall three weeks ago. These people publicly called on members of the orchestra to refuse to play and members of the public to refuse to attend.

These people wrote to encourage me and tell me how they are compelled to hide their conservative views -- how, in effect, they live as Marranos.

A violist with one of the most prestigious orchestras in the country (I figured out which orchestra using the internet; she was even afraid to tell me wrote to me last week about how quiet she is about her conservatism. While she could not be fired for it, she said, she would be socially ostracized within the orchestra for which she has played for decades.

A middle-aged professional musician told me that he wears his hair very long in order to appear hippie-like and camouflage his conservative politics. He is no more likely to tell fellow musicians that he supports President Trump than a Marrano in medieval Spain would have been to go public with his Jewish beliefs.

One musician in Minnesota wrote to me: "I was a professional musician from the age of 17. I wanted you to know that I, too, lost my career because of my views. My choice, actually; I just could no longer take the abuse."

I'm fortunate. As a radio talk-show host and columnist, I'm paid to express my opinions. As for my avocation of conducting orchestras, I'm lucky there, too. Because the permanent conductor of the Santa Monica Symphony Orchestra and the orchestra's board remained principled, and because so many people support me and my values, the efforts to thwart me failed. The Disney hall, with 2,000-plus seats, was sold out -- a first for a community orchestra in that venue.

Of course, American conservative Marranos don't just live in the world of music. They are in every profession. We know about the high-profile cases, the conservatives whose careers have been ruined by saying the "wrong" thing, or supporting the "wrong" candidate or ballot proposition; we know about the conservative speakers who have been physically attacked and prevented from speaking on college campuses. But we don't know about the millions who are just afraid to speak up, who remain silent in a business meeting or at a dinner party when someone casually expresses a view with which they strongly disagree. These Americans live in fear, legitimately so in many cases, that if they do speak out, there will be severe consequences -- a job lost, a promotion not given or even a child who will no longer speak to them.

This is all new in our country.

Had anyone predicted that in America -- the land more renowned than any other for liberty and free speech -- the word "Marrano" would ever accurately characterize citizens, let alone close to half the voting population, that individual would have been regarded as a charlatan.

But given the intolerance and hatred on the left, and its dominance over almost every area of American life, that individual would have been a prophet.

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