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Cato Institute on Immigration

 

 


Give LEGAL child immigrants DACA benefits too

Deferred Action for Childhood Arrivals (DACA) had a flaw that Congress can correct: it included only those young immigrants who are here illegally, excluding children of immigrants who came to the US legally. It may seem that these immigrants do not need help since they have a legal status, but unfortunately, under America's dysfunctional immigration system, many thousands of young legal immigrants are forced to leave, even though they followed the rules.

The children of H-1B workers suffer the most under this flawed system. Even though they are in a legal status, they are prohibited from working legally in the country that is their home. Worse still, even though they grew up in the United States, they become ineligible for their status once they reach the age of 21 as they are no longer a "minor" child of an H-1B, known as "aging out."

Source: Cato Institute 2015-16 voting recommendation on DREAMers , Dec 20, 2016

Congress decides immigration policy, not President Trump

Donald Trump proposed prohibiting all Muslim immigration; then specified "suspending immigration from nations tied to Islamic terror." He said, "People are pouring in from regions of the Middle East," but that he would "stop that dead, cold flat," during his first day in office. However, under current law, it is illegal to discriminate against immigrants based on their national origin.

Even while delegating to the president broad powers to exclude immigrants, Congress expressly forbade banning immigrants based on their race or national origin. Pres. Trump will almost certainly run into legal difficulties if he attempts to carry out his promise.

For almost a decade, Congress debated creating an immigration system free from discrimination by nationality, country of birth, or country of residence. President-elect Trump, however, now proposes to discriminate unlawfully against certain foreign nationals on the basis of the same protected grounds without any legislation from Congress.

Source: Cato Institute 2015-16 voting recommendation on Muslim Ban , Dec 8, 2016

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Page last updated: Apr 30, 2021