September 05, 2017
As President, my highest duty is
to defend the American people and the Constitution of the United States of
America. At the same time, I do not favor punishing children, most of
whom are now adults, for the actions of their parents. But we must also
recognize that we are nation of opportunity because we are a nation of laws.
The legislative branch, not the executive
branch, writes these laws – this is the bedrock of our Constitutional system,
which I took a solemn oath to preserve, protect, and defend.
In June of 2012, President Obama bypassed
Congress to give work permits, social security numbers, and federal benefits to
approximately 800,000 illegal immigrants currently between the ages of 15 and
36. The typical recipients of this executive amnesty, known as DACA, are
in their twenties. Legislation offering these same benefits had been
introduced in Congress on numerous occasions and rejected each time.
In referencing the idea of creating new
immigration rules unilaterally, President Obama admitted that “I can’t just do
these things by myself” – and yet that is exactly what he did, making an
end-run around Congress and violating the core tenets that sustain our
Republic.
Officials from 10 States are suing over the
program, requiring my Administration to make a decision regarding its legality.
The Attorney General of the United States, the Attorneys General of many
states, and virtually all other top legal experts have advised that the program
is unlawful and unconstitutional and cannot be successfully defended in court.
There can be no path to principled
immigration reform if the executive branch is able to rewrite or nullify
federal laws at will.
The temporary implementation of DACA by the
Obama Administration, after Congress repeatedly rejected this amnesty-first
approach, also helped spur a humanitarian crisis – the massive surge of
unaccompanied minors from Central America including, in some cases, young
people who would become members of violent gangs throughout our country, such
as MS-13.
Only by the reliable enforcement of
immigration law can we produce safe communities, a robust middle class, and
economic fairness for all Americans.
Therefore, in the best interests of our
country, and in keeping with the obligations of my office, the Department of
Homeland Security will begin an orderly transition and wind-down of DACA, one
that provides minimum disruption. While new applications for work permits
will not be accepted, all existing work permits will be honored until their
date of expiration up to two full years from today. Furthermore,
applications already in the pipeline will be processed, as will renewal
applications for those facing near-term expiration. This is a gradual
process, not a sudden phase out. Permits will not begin to expire for
another six months, and will remain active for up to 24 months. Thus, in
effect, I am not going to just cut DACA off, but rather provide a window of
opportunity for Congress to finally act.
Our enforcement priorities remain unchanged.
We are focused on criminals, security threats, recent border-crossers, visa
overstays, and repeat violators. I have advised the Department of
Homeland Security that DACA recipients are not enforcement priorities unless
they are criminals, are involved in criminal activity, or are members of a
gang.
The decades-long failure of
Washington, D.C. to enforce federal immigration law has had both predictable
and tragic consequences: lower wages and higher unemployment for American
workers, substantial burdens on local schools and hospitals, the illicit entry
of dangerous drugs and criminal cartels, and many billions of dollars a year in
costs paid for by U.S. taxpayers. Yet few in Washington expressed any
compassion for the millions of Americans victimized by this unfair system.
Before we ask what is fair to illegal immigrants, we must also ask what
is fair to American families, students, taxpayers, and jobseekers.
Congress now has the opportunity to advance
responsible immigration reform that puts American jobs and American security
first. We are facing the symptom of a larger problem, illegal
immigration, along with the many other chronic immigration problems Washington
has left unsolved. We must reform our green card system, which now favors
low-skilled immigration and puts immense strain on U.S. taxpayers. We
must base future immigration on merit – we want those coming into the country
to be able to support themselves financially, to contribute to our economy, and
to love our country and the values it stands for. Under a merit-based
system, citizens will enjoy higher employment, rising wages, and a stronger
middle class. Senators Tom Cotton and David Perdue have introduced the
RAISE Act, which would establish this merit-based system and produce lasting
gains for the American People.
I look forward to working with Republicans
and Democrats in Congress to finally address all of these issues in a manner
that puts the hardworking citizens of our country first.
As I’ve said before, we will resolve the
DACA issue with heart and compassion – but through the lawful Democratic
process – while at the same time ensuring that any immigration reform we adopt
provides enduring benefits for the American citizens we were elected to serve.
We must also have heart and compassion for unemployed, struggling, and
forgotten Americans.
Above all else, we must remember that young
Americans have dreams too. Being in government means setting priorities. Our
first and highest priority in advancing immigration reform must be to improve
jobs, wages and security for American workers and their families.
It is now time for Congress to act!
