DACA Rally

DACA recipients and supporters rally Sept. 5 in Lincoln.

Eric Gregory, Lincoln Journal Star

U.S. Attorney General Jeff Sessions announced last week that the Trump administration is ending the Deferred Action for Childhood Arrivals (DACA) program, which will no longer accept new applications.

It's now up to Congress to decide what happens to the young immigrants brought here illegally by their parents but granted legal protection through the Obama administration program.

State Sen. Paul Schumacher of Columbus said there are positive and negative aspects to the decision.

“On the bright side, this will make Congress get to work on it,” Schumacher said. “On the bad side, if Congress fails to do anything then we will lose people who did our economy good for a long time.”

Although it's unclear exactly how many people enrolled in the DACA program live in the Columbus area, Schumacher believes forcing them to leave would have an impact.

“We already have an employment issue in this area,” Schumacher said. “So if Congress doesn’t act, that will be exasperated.”

Centro Hispano Executive Director Karina Perez said the political rhetoric was leading to this point for some time.

“It was a very hard day yesterday,” Perez said on Sept. 6, a day after the Trump administration's announcement. “We were actually at the DACA conference in Lincoln and you could feel many hearts break from individuals that are going to be affected.”

Perez said about 3,300 people living in Nebraska will be impacted by the decision to end DACA. These people contribute to the state economy and help rural communities, she said.

“We will continue to work hard to get more done for them,” Perez said. “We are ready here at Centro Hispano to fight for those affected.”

Schuyler Mayor Dave Reinecke said the Trump administration's decision is entirely negative.

“I’m hoping Congress can get this right,” he said. “This was the best thing Obama ever did as far as I’m concerned. I’m hoping Congress agrees with that and gets enough votes in so the president can’t veto it.”

Reinecke said Schuyler, which has a large Latino population, is taking a wait-and-see approach.

“We don’t want to see people go,” Reinecke said. “Schuyler is doing well and we don’t want the federal government to screw us up. We have always been supportive of the Dreamers. They are the community.”

As DACA recipients wait for Congress to act on the issue, Perez urges the community to act.

“We urge everyone to contact local representatives and get their voices heard,” she said. “Everyone counts in situations like this. We don’t want this to be the end of the journey for them. We hope Columbus will act. We’re not going to give up on that.”

State reaction

Nebraska's governor, attorney general and other state Republicans stood firmly in favor of President Donald Trump's action to rescind the DACA program.

Meanwhile, state Democrats branded Trump's decision a cruel act that threw thousands of families into disarray.

It was mostly Nebraska Democrats, with one exception in Republican Rep. Don Bacon, who said they would continue to support young immigrants, called Dreamers, who have enrolled in the Deferred Action for Childhood Arrivals program since 2012.

Of the approximately 3,300 young people living in Nebraska enrolled in the DACA program, the Center for American Progress estimates 2,933 are workers, and that Nebraska could stand to lose $150.2 million annually by removing those workers.

Half again as many Nebraska immigrants are eligible for the program, either now, in the future or if they had the proper education, the center reported. The permits, which allow the young people to work and study without being deported, are renewable after two years. No more applications are being accepted.

Most Nebraska Republicans cited rule of law and separation of powers in their support of Trump's action.

Gov. Pete Ricketts said Trump made the right decision in ending President Barack Obama's "unconstitutional" DACA program.

“The president cannot unilaterally change the rules and grant amnesty to people who come to the United States outside the law,” Ricketts said.

Nebraska Attorney General Doug Peterson said U.S. Attorney General Jeff Sessions' announcement that the DACA executive order will be rescinded immediately and the program phased out over the next six months is an important step in protecting the rule of law and the separation of powers set forth in the Constitution.

Peterson said his purpose for joining in a letter with other state attorneys general asking for DACA to be rescinded was to prevent any president from unilaterally using executive orders to create laws.

The duty to address immigration issues properly belongs to the legislative branch, he said, adding bipartisan bills currently before the House and Senate addressing the DACA issue are the proper forums for debate.

U.S. Sen. Deb Fischer said Obama’s unilateral action in 2012 went beyond his constitutional authority.

"Today, President Trump took steps to address this executive overreach by the previous administration," she said. "Congress now has the opportunity to address the legal status of the DACA recipients as part of a broader discussion on border security and legal immigration reform.”

Bacon, who co-sponsored the federal Bridge Act, which extends protections for DACA recipients while Congress works toward an updated immigration policy, reassured DACA recipients he was committed to keeping those who are law-abiding in the country.

“I understand why many people are unsure of what the future holds for them and the fears they are feeling,” Bacon said. “This is the only home many of these children, students, friends, and neighbors have known."

The Trump administration’s announcement recognizes that the Constitution gives lawmaking authority to Congress and laws cannot be changed by executive order, Bacon said.

Congress needs to work on a balanced and compassionate approach that ensures law-abiding DACA recipients are able to stay in the country, he said, but also addresses employer compliance with immigration laws, secures our border and improves our visa program.

“I am eager to work on a solution as soon as possible and I urge my colleagues in the House to make this a priority as well,” he said.

Rep. Adrian Smith, in saying Trump's action was correct, offered no promises for DACA recipients.

“The DACA program violated the separation of powers established by our Constitution and should never have been created through executive action," he said. "This and many other aspects of our broken immigration system, such as border security, have gone too long without being addressed."

Congress and the president must come together to create strong, permanent immigration policies rooted in the rule of law, he said.

Rep. Jeff Fortenberry, too, said the issue is the responsibility of Congress, adding "necessary humanitarian exceptions must be nested in policies that further robust border security, interior enforcement against illegal activity, and foreign policy initiatives to mitigate the pressure for economic migration.”

In May, 24 Nebraska lawmakers approved a nonbinding resolution (LR26), introduced by Omaha Sen. Tony Vargas, opposing any federal action to rescind protections for DACA youths. Seventeen declined to vote, one senator opposed the resolution and seven were excused and not voting.

In 2015, the Legislature passed a bill (LB623), then voted 34-10 to override Ricketts' veto of it, to allow young immigrants who grew up and were educated in Nebraska to obtain driver's licenses. The next year, lawmakers passed a bill (LB947) that allowed DACA enrollees to obtain professional and commercial licenses.

Vargas said the actions taken by the Trump administration to end the DACA program were shameful and shortsighted.

These DACA youth live, study, work and pay taxes in Nebraska, he argued.

“We can’t turn our backs on them,” Vargas said in a statement that also included three board members of Metropolitan Community College and Omaha Public Schools.

“We must stand by the educational, economic, and community investments we have made in these young people and their families. And we must acknowledge both the talent investment and the economic impact they have on our local economies," the statement read.

Omaha Sen. Sara Howard also urged Nebraska’s congressional delegation to do the right thing and pass legislation during the six-month delay.

"Our country’s greatest strength has been our openness to immigrants and the diversity they bring. I will continue to do all that I can to support these students and to fix our broken immigration system,” Howard said.

The Nebraska Republican Party said Obama, or any U.S. president, has no power to change the laws of the country unilaterally.

"To continue the deferred action program would have undermined our Constitution and the role of the Congress to implement laws. Congress now has the opportunity to properly address our broken immigration system, starting with securing our border,” the party said in a statement.

Several Nebraska Democratic leaders stood in support of the Dreamers.

Jane Kleeb, chairwoman of the Nebraska Democratic Party, said the president’s decision was reckless, wrong and cruel.

“America must continue to lead the way on welcoming immigrants to our great state and country. We believe in the hard work of immigrant families,” Kleeb said.

“Trump is a coward for not making the heartless announcement himself and taking questions on what the real motive is behind this reckless move."

Marta Nieves, chairwoman of the Nebraska Democratic Party Latino Caucus, said Dreamers bring intelligence, compassion, diversity of thought and perspective, skills, talents and passion to life and to the nation.

“They have been contributing their creativity, and taxes, to the economy and their communities,” she said. “They inspire us to value the best in our nation."

Danielle Conrad, executive director of ACLU of Nebraska, said hundreds of thousands of young immigrants came out of the shadows five years ago and accepted, in good faith, the government’s offer to live, study and work here if they passed a criminal background check.

“Today, the government and President Trump went back on their word, threw the lives and futures of 800,000 Dreamers and their families into disarray, and injected chaos and uncertainty into thousands of workplaces and communities across America," Conrad said.

She urged the Nebraska congressional delegation to follow the lead of Congressman Bacon in standing with Dreamers, and said Attorney General Peterson and Gov. Ricketts should end their "misguided and hurtful attacks" on young immigrants.

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