By David Bryan
The epitome of the DACA program can be summed up in the story of Jorge Garcia, who came to the USA when he was 10, married , became a father of a 15 year old daughter and 12 year old son. The Michigan resident, being 39 years old was too old to qualify for the DACA and as a consequence was deported this week back to his country Mexico.
The story doesn’t end there, but really starts when Garcia was faced with a removal order in 2009, but his deportation was stayed and extended under the Obama administration. For the Garcias; the program for his extension was halted under the new administration of President Trump.
On the surface of it, it is easy for the critics to apportion that it is the current administration who is at fault. But who is really to blame for Mr. Garcis’s predicament? Is it the Democrats or the Republicans? The law enforcement officials? The judges; the lawmakers?
It was and is the entire system that failed Mr. Garcia. The system of patch-work; that defies common-sense; continuity and the ability to be rationale on behalf of DACA receipts and their parents in order for them to have a peace of mind in 2018. Note: Mr Garcia was in the USA for 30 (Thirty) years and he is too old for the program.
For a system to demand the removal of an undocumented immigrant after he was allowed an extension under a previous government but now deport him, separate him from his family-together with the fact that it is presumed he paid taxes, reported to the immigration officials indicating his whereabouts and had no criminal record- after three decades is cruel and inhumane.
Such a system requires overhaul from top to bottom.
I crave the indulgence of the reader; but Mr. Garcia’s story reminds me of a criminal case I heard about earlier in my legal career, and which has always remained with me until this day.
There was a particular prisoner warder who come down every morning and visit the inmates on death row. The warder; would ceremoniously walked up and down the hall; bringing a terrible fear to the inmates; who were wandering if today was their day, that the warder would read out their death warrant for them to be hanged on the gallows.
It was determined by the court that this conduct by the warder amounted to cruel and inhumane punishment for the prisoners and rightfully so,since the prison warder should of known his actions would of tormented the already condemned men.
Without any reasonable doubt, it is certain to say that the decision, to deport undocumented immigrants like Mr. Garcia, whose life was terminated with his family in the USA by being deported back to his country, was cruel and inhumane.
This brings me to another point; as to why the Democrats, who say they are genuinely for the DACA recipients have not rushed to sign a deal with the GOP? Why,if the DACA immigrants are central , and are a priority have they not conceded to President Trump’s request to fund the border wall?
Some put forward the legitimate excuse that it was the words uttered at last Thursday’s meeting by President Trump that derailed the bipartisan talks. Any comment from anyone were the allegation is true, of any such language, cannot be condoned, but however, it is still important for the elected representatives to return to the business of governing the country in order to :-
- Ensure protection to the DACA or ‘Dreamers’ in the USA.
- Fund the border wall.
- Extend the Children Health Insurance Program.
- Health Care Taxes.
- Avoid at all costs a government shutdown in the short-term so that the government would be running uninterrupted.
It is unfortunate that the talks were sent in another direction and went off-topic but as Chester Karass stated :-
“even when things are not going well, maintaining the initiative under adverse conditions is a common but difficult problem in negotiation. People are taken aback by unfavourable statements and arguments from the other side. Most become reluctant to assert themselves when caught in a mistake or when aggressively challenged by another person. Few like to be contradicted in daily life. Unfortunately, negotiation is one part of life fraught with contradiction and , all too often, intense confrontation.”
But negotiation is also about granting concessions, Senator Lindsay Graham((R.S.C) put in practically when he said :-
it was clear that both President Trump and Democrats, particularly Sen. Dick Durbin (Ill.), wanted to strike a deal, but that both sides would have to compromise to get there.”
The South Carolina Republican said that
there appeared to be “two Trumps”: one who spoke with compassion at an initial meeting with lawmakers from both parties as cameras rolled; and the other who at a closed-door meeting rejected a bipartisan proposal later in the week … So Tuesday, we had a president that… who understood immigration had to be bipartisan, you had to have border security as essential, you have border security with a wall, but he also understood the idea that we had to do it with compassion,” Graham said.
The Senator added “I don’t know were that guy went, but “I want him back”.