No, Rescinding DACA Does Not Create New Illegal Aliens

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One of the most common misconceptions about the Deferred Action for Childhood Arrivals program, commonly called DACA, is that it somehow offered legal status for illegal aliens. This incorrect perception of DACA has allowed open borders proponents to conjure up scenarios where assumedly legalized immigrants will have their lives suddenly and unexpectedly uprooted and destroyed if the program is indeed rescinded by the Trump administration.

For example, popular illegal immigration proponent, Jose Antonio Vargas, who has changed his Twitter title to #DefendDACA, retweeted a tweet suggesting that Trump is creating a new class of illegal aliens by rescinding DACA. “A lot of us are not ‘new’ Americans,” the tweet suggested, “we must remember that, we have just been illegalized.”

However, this couldn’t be farther from the truth. DACA never offered any form of legal status to illegal aliens, nor does it protect them from future deportation. This is clearly stated on the United States Citizenship and Immigration Service’s webpage for the DACA program: “Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.”

DACA recipients remain illegal aliens, and are therefore still subject to the penalties associated with unlawful presence in the United States. Deferment under the program does not offer any special rights. All discretion concerning whether to continue deferring action against DACA recipients belongs to the federal government.

Whether DACA should be rescinded, left untouched, or placed in the hands of Congress is hotly debated. However, it is important that the program be accurately described for what it is. Because, so far, many in the mainstream media are presenting the program as a form of legal status – which simply isn’t true.

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Spencer joined the Federation for American Immigration Reform (FAIR) in 2015. He conducts research, and writes content for FAIR’s publications and website. He brings previous experience in state politics, gubernatorial and district campaigns, and D.C. political non-profits. Spencer holds a B.A. in Government from the University of Texas at Austin.

12 Comments

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  3. avatar

    The DACA program is being funded by the Social Security Fund, money supposedly meant to be for retirees and for people with physical impairment that keeps them from working. This is a crime against the citizens of this country and Trump proclaimed during his campaign he would put a end to it but now seems to be “flip flopping” by handing it over to Congress or “kicking the can further down the road”.

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  5. avatar

    DACA is mis-represented in the media on purpose. DACA does not consist of children only, but there are mothers with 3, 4, 5, children applying for DACA. There are 20 – 30 year illegal immigrants on DACA. More than 1/3 of DACA recipients are on Government Assistance. The number of DACA is not 800,000 but closer to 3 million. States like California, Texas and Arizona have the largest number of DACA recipients many which have 1 or more crinimal offences in the last 10 years. The media claims all DACA speak English this is not true and even those DACA receipients that have completed high school and some college still do ot speak, read and write fluent English.

  6. avatar

    The media is misrepresenting what DACA is on purpose. They want viewers to believe that the “Dreamers” were granted special rights and that President Trump just took those rights away. Some of us know an executive order is NOT law. The President does not have the power to MAKE laws. The Executive branch is obligated to ENFORCE laws.

    Sadly, some of our modern Presidents have pretended to not understand the role of the Executive office and have sought to grab powers not given to them in the Constitution: Stated in the Constitution, the President must “take care that the laws be faithfully executed”, and “preserve, protect and defend the Constitution”. DACA was never law. I am sick of the endless media efforts to mislead.

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  8. avatar

    Not surprised so many in the media are distirring what DACA is. But they are future voters for the Democrats and help keep wages depressed so that is all that matters.

    • avatar

      Not really SecBorders…..these kids are smarter and some will vote for Democrats and others for Republicans etc…remember Trump got the Cuban vote……so this is a misconception……big time…..n DACA is a temporary status…….

      • avatar

        You keep lying about this when you know better. Cubans are nowhere near the majority of Latinos in this country. They are in fact a relatively small percentage of the Latino vote. They are the only ones who vote GOP, because of their hard line against the Castro brothers, and even then by only a small margin. Latinos as a rule keep voting Democratic by huge margins.