DACA, or Deferred Action for Childhood Arrivals, is a policy that provides temporary protection from deportation and work authorization for certain undocumented immigrants who were brought to the United States as children. This policy has been a key point of contention in the context of the decline of legislative influence and the balance of power between the judicial and executive branches.
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DACA was established in 2012 through an executive order issued by President Barack Obama, bypassing Congress.
DACA provides eligible undocumented immigrants with a renewable two-year period of deferred action from deportation and the ability to obtain a work permit.
To be eligible for DACA, individuals must have arrived in the U.S. before the age of 16, continuously resided in the country since 2007, and meet various other educational and criminal background requirements.
The Trump administration attempted to end DACA in 2017, but the policy was temporarily preserved through legal challenges and court rulings.
The Supreme Court's 2020 decision in Department of Homeland Security v. Regents of the University of California upheld the continuation of DACA, ruling that the Trump administration's termination of the program was arbitrary and capricious.
Review Questions
Explain how DACA relates to the decline of legislative influence in the United States.
DACA was established through an executive order by President Obama, bypassing the legislative process and Congress. This highlights the growing trend of the executive branch wielding more power and influence, often at the expense of the legislative branch's traditional role in policymaking. The Trump administration's subsequent attempts to end DACA further demonstrate the tension between the executive and legislative branches, as the courts ultimately intervened to preserve the program, underscoring the increasing importance of judicial review in the face of executive actions.
Analyze the role of judicial review in the ongoing DACA debate and its implications for executive sovereignty.
The Supreme Court's 2020 decision in Department of Homeland Security v. Regents of the University of California was a significant exercise of judicial review, as the Court ruled that the Trump administration's termination of DACA was arbitrary and capricious. This decision highlights the judiciary's ability to check the power of the executive branch and serve as a safeguard against potentially overreaching or unlawful actions. The DACA case exemplifies the delicate balance between judicial review and executive sovereignty, as the courts have intervened to protect a policy established through executive action, limiting the executive's ability to unilaterally undo it.
Evaluate the long-term implications of the DACA policy and its legal battles for the separation of powers and the role of the branches of government in policymaking.
The ongoing legal and political battles surrounding DACA have far-reaching implications for the balance of power between the branches of government. The executive branch's use of unilateral action to establish DACA, the legislative branch's failure to address the issue through legislation, and the judiciary's role in reviewing and preserving the program reflect the complex dynamics of the separation of powers. These developments underscore the evolving nature of policymaking, where the executive and judicial branches have taken on increasingly prominent roles, potentially at the expense of the legislative branch's traditional lawmaking authority. The DACA case highlights the need for a careful examination of the appropriate boundaries and checks and balances between the branches to ensure the effective and democratic functioning of the government.
Related terms
Undocumented Immigrants: Individuals who are living in the United States without legal immigration status.
Executive Order: A directive issued by the President of the United States that has the force of law.