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36 Yale L. & Pol'y Rev. Inter Alia 1 (2018)

handle is hein.journals/interal36 and id is 1 raw text is: PRESIDENTIAL POWER TO PROTECT DREAMERS YALE LAW & POLICY REVIEW INTER ALIA Presidential Power To Protect Dreamers: Abusive or Proper? Kevin J. Fandl* Many young undocumented immigrants brought to the United States as children, affectionately known as Dreamers, enjoy substantial protection from deportation under the Deferred Action for Childhood Arrivals (DACA) program. President Trump's administration is attempting to withdraw this protection, purportedly in an effort to promote the rule of law by limiting executive overreach into matters of congressional concern. This Essay argues that the attempted rescission of DACA is not only out of step with broadly held American values, but premised on a flawed vision of the relationship between the legislative and executive branches. Our constitutional tradition wisely grants the President flexibility to make social policy through enforcement discretion, within the broad legal contours drawn by Congress. DACA is a legitimate exercise of that presidential power. INTRODUCTION My daughter, now ten years old, was born outside of the United States. I brought her here when she was six months old and this has become her home. Luckily, because I am a U.S. citizen, my daughter entered and remains in the United States legally. She does not live in fear of being forcibly taken away from the only home she has truly known and returned to the country of her birth. This is not the case for many young people living in the United States today, brought here by their non-U.S. citizen parents, and affectionately known as Dreamers.' These individuals, like my daughter, came to the United States not with the intent to violate U.S. immigration laws, or even to seek a better life than the one that they had in their country of birth. Rather, these individuals Kevin J. Fandl, Ph.D. (George Mason University), J.D. / M.A. (American University), B.A. (Lock Haven University), is an Assistant Professor of Legal Studies and Strategic Global Management at Temple University. He previously served as Counsel to the Assistant Secretary for U.S. Immigration and Customs Enforcement. He would like to thank the Yale Law & Policy Review Inter Alia team for their outstanding assistance in preparing this article for publication. 1. The term Dreamer originates with the Development, Relief, and Education for Alien Minors (DREAM) Act of 2001, a bipartisan bill that has failed to pass despite numerous attempts and iterations. See S. 1291, 107th Cong. (2001). 1

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