The Obama Administration, the Dream Act and the Take Care Clause

The politics of language: Exploring the DREAMers as the “alien other” in the narratives of immigration

“…The first year marked the introduction in the Senate of this seemingly innocuous bill that had all likelihood of making it through committee and then passing in both chambers. The end‐year concluded this twelve‐year cycle when President Obama enacted DACA, de facto imposing a solution through executive fiat, a decision with dubious constitutionality according to some scholars (French, 2022; Olivares, 2013; Yoo & Delahunty, 2012). Table 1 lists the DREAM Act hearings data examined in this study; this includes any congressional events pertaining to the DREAM Act bill.…”

“…Often referred to as “a tale of legislative failure” (Olivas, 2020, p. 38), the DREAM Act's tumultuous history is an illustration of the inability (or unwillingness) of Congress to legislate and instead pass the issue to the Executive Branch for a possible, albeit temporary, resolution (Yoo & Delahunty, 2012). This exposes the legislators' urge to cater to both opponents and proponents of illegal immigration, a tactic which effectively results in a broken immigration system (Olivas, 2009; Yoo & Delahunty, 2012). In this context, the study of policy narratives and their role in advancing a particular immigration policy agenda offers an insight into the legislative branch's motives for enacting (or not) of certain policy solutions.…”

“…When all legislative efforts failed, DACA was born (Lauby, 2016). Originally meant to postpone or defer the deportations of the DREAMers for two years, DACA eventually lead to a de facto enacting of the DREAM Act by the Executive Branch (Yoo & Delahunty, 2012). The DACA kids currently fall between the ages of 16 and 35; the majority of them coming from Mexico, some from Central and South America, others from Asia and the Caribbean (Olivas, 2020).…”

“…When all legislative efforts failed, DACA was born (Lauby, 2016). Originally meant to postpone or defer the deportations of the DREAMers for two years, DACA eventually lead to a de facto enacting of the DREAM Act by the Executive Branch (Yoo & Delahunty, 2012).…”

The Immigration Prosecutor and the Judge: Examining the Role of the Judiciary in Prosecutorial Discretion Decisions

“…166 Building on this criticism is a constitutional challenge by law professors Robert Delahunty and John C. Yoo, who argue that the Obama Administration has breached its constitutional duty to enforce immigration laws against individuals eligible under DACA. 167 A formal response to the argument posted by Yoo and Delahunty will be featured in a forthcoming essay in the Texas Law Review. 168 While my earlier work on prosecutorial discretion goes into great depth about the history and role of prosecutorial discretion in immigration law, the instant article is devoted to the role of the judiciary in prosecutorial discretion decisions.…”