Thursday, February 1, 2018

DACA recipients are not "illegals"

Current rhetoric conflates DACA recipients with those who have come over the border illegally to work as migrant workers, or those who have overstayed their legally-obtained visas. They shouldn't be confused.
Some people seem to think that DACA kids have broken the law. On the contrary. Anybody who is in the federal DACA program is currently legal; they have filed the paperwork, jumped through the hoops. None have criminal records. All have good grades and/or jobs (you don't get into the program otherwise). Their status, right now, is that of a legal resident of the United States.
But they came here illegally, you say. No; they were brought here illegally, but they themselves did not commit a crime. Under the law, you have to have agency - bear responsibility - in order to commit a crime. A minor child has no agency. They are no more responsible for being smuggled into the US than is a Cuban cigar.
Many now on DACA didn't even know they were not US citizens until high school, when it came time to apply to college or get a passport to travel with a school team. By acceptance into DACA, they have shown that they are precisely the sort of upstanding citizens we want in this country.
Oh, but their parents broke the law, you say. Possibly true... but we still have certain legal principles in this country. One is that you don't punish someone for what someone else did.
DACA kids are already in limbo. Yes, they are here legally, but if they are ever less than model citizens - if they even get a speeding ticket - they may lose that legal status. And, of course, the government may unilaterally decide to terminate their legal status. THAT is the current issue.

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