During the course of the debate last year over the Development, Relief and Education for Alien Minors (DREAM) Act — which would have allowed for a path to citizenship for those immigrants without legal status who acquire a college degree or serve in the armed forces — many students came out in support of its passage. A large number of these students "came out" in another sense as well: They revealed their illegal status.
Many who had decided to expose themselves in support of the failed legislation are worried that without such legal protection, they could face deportation, The New York Times reported yesterday. Although Immigration and Customs Enforcement (ICE), the agency that handles deportations and related issues, uses its discretion on a case−by−case basis, there is no official policy protecting students who are here illegally. The Department of Homeland Security, ICE's parent organization, has said that it will reject any moratorium on the deportation of students, yet currently, ICE has seemed to steer away from students, instead focusing their deportation efforts on illegal aliens with criminal records.
But an official policy protecting those students is still lacking.
The Daily believes it would be in the national interest to formally protect productive members of our society — such as students of higher education and members of the military — regardless of their legal status. Providing legitimacy for these residents is advantageous to the country because it will strengthen both our economy and military. Indeed, a recent UCLA study has shown that the potential beneficiaries would contribute over $1.4 trillion to the national economy over a 40−year period. Increasing access to higher education is bound to have a positive effect on our competitiveness abroad, as our workers go head−to−head against international rivals. Furthermore, such a protection would help to improve our image abroad, not only because of the public relations boon of a more open policy, but also because students from other countries would gain familiarity with American culture — an advantage whether they stay in or leave the United States after graduation.
Since the DREAM Act failed last year in a democratically controlled legislature, its prospects in the new divided Congress are bleak, no matter how much President Barack Obama calls for revisiting the issue. In light of this, the only way to effectively achieve the stated goal is to issue an official directive using executive authority. This can be done with an executive order, which would require federal agencies to heed directions of the president and could include a broad prohibition of the deportation of students.
There are precedents for an executive order such as this. Despite the failure of the Waxman−Markey bill in the Senate last year, which would have established a national compulsory cap−and−trade market controlling emissions, the Environmental Protection Agency facilitates programs such as the Acid Rain Program and the Clean Air Interstate Rule, which both utilize a cap−and−trade approach. In another case, Obama in 2009 issued an executive order revoking prior presidential orders barring funding for researching embryonic stem cells. Clearly, sidestepping Congress to implement policy is not unheard of.
Some may argue that providing any form of amnesty of protection for immigrants here without legal status will create an incentive for more illegal immigration. The solution to this would be to strengthen our borders and provide greater assistance to developing countries, especially Mexico. Moreover, assisting residents who contribute much to our country would not undercut our national security interest. On the contrary, it would strengthen the United States by legitimizing valuable contributions to society — from students with degrees in higher education to members of our armed forces.
