Like a lot of DREAM Activists, Phoenix's Daniela Cruz is both elated and skeptical in the wake of President Barack Obama's watershed decision not to deport young immigrants such as herself.
Carla Chavarria
DREAMer Daniela Cruz, fist raised, during a recent march; Cruz is both hopeful and skeptical of President Obama's June 15 promise not to deport DREAMers.
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"I'm happy, and at the same time, I know it's all politics," the 21-year-old says following the June 15 announcement of the stopgap measure that would allow individuals brought to the United States before their 16th birthdays to apply to remain in the country and obtain work authorization.
The president's move was notable for what it was not. On its own, it's not a pathway to citizenship nor is it a blanket grant of "backdoor amnesty," as critics such as Governor Jan Brewer have labeled it.
As outlined in a memo by Department of Homeland Security Secretary Janet Napolitano, the administrative action "confers no substantive right [or] immigration status."
Individuals still will be processed by immigration authorities on a "case-by-case basis" and will be subject to a number of requirements. They can be no older than 30, must have remained in the country for five years, and must pass a background check.
They must be in school, have graduated from high school, obtained a GED, or be an honorably discharged military vet. They cannot have a felony or a "significant misdemeanor" on their records.
If implemented systematically, the president's action could affect the lives of about 1 million individuals nationally. But the legislative concept behind the DREAM Act has been around for more than a decade. In that time, the proposal's advocates have been burned repeatedly by politicians and federal flunkies.
So Cruz, who was brought to the United States from Mexico by her mother when she was 10, would like President Obama to walk the talk.
"The first thing I want to see are DREAMers who are in jail right now — the undocumented students who would fit the criteria — [get] released from detention," she said.
Cruz and other DREAMers plan to "hold Obama accountable" for his words. They're grounded by the knowledge that even if they qualify for what Napolitano calls "deferred action" in her memo, it will last only two years, after which they must reapply.
Also, a lot can happen in two years.
"We know that if Obama doesn't get re-elected, [Republican GOP contender Mitt] Romney might cancel the whole thing," Cruz said.
"Might" is the crucial word there. After all, Obama's smooth move effectively outflanked the Republicans, who had been cooking up a similar legislative proposal to be sponsored by Florida U.S. Senator Marco Rubio, often touted as a prospective running mate for Romney.
Reaction from GOPers to the Obama initiative generally divided into two camps: the shrill and the soft-pedalers.
On local TV news stations, recalled former state Senator Russell Pearce looked as if his head were going to explode in rage. He waved a copy of the Constitution in reporters' faces, calling the president's action "illegal," "unconstitutional," and "malfeasance."
Nationally, some Republicans made similar comments, promising a lawsuit to block the action. But they are as full of bunk as Pearce.
Obama most certainly has the power to do what he did. In fact, more than 90 law professors recently wrote him arguing that he had "clear executive authority" to make such a decision, and that U.S. Immigration and Customs Enforcement possessed "prosecutorial discretion" when it came to the undocumented.
That is, the agency can and does regularly choose whether to pursue the removal of individuals in the country illegally.
That letter was part of a larger effort to nudge Obama into doing the right thing, as the president previously had told students pushing for DREAM Act legislation that he could not issue such an order.
In that instance, he was wrong; he could've issued this new directive at any time during his presidency.
The combination of political expediency and pressure from DREAMers and their allies moved Obama to see the error of his ways.
Immediately after Obama's White House speech on the matter, Brewer called a press conference to denounce the new policy as "blatant political pandering" and a "preemptive strike" on the U.S. Supreme Court's soon-to-be-announced ruling on Arizona's breathing-while-brown law, Senate Bill 1070.
Both points may be correct, but so what? Obama's policy change is only an "outrage," as Brewer called it, if you disagree with it. And polls consistently have shown that Americans support some form of the DREAM Act. Even Arizonans approve of the proposed legislation by a 3-1 margin.
(Note: A Bloomberg poll released as this column went to press showed 64 percent of American voters support Obama's move.)
As for political pandering, that's something Brewer should recognize, as she's a master of it. Signing 1070, fear-mongering, trumpeting a nonexistent crime wave, and talking up fictitious headless bodies in the Arizona desert all helped Brewer get elected. Just as Chuck Coughlin, her ear-whispering political Cesar Millan, told her it would.
But with illegal immigration at a 40-year low and the economy still in the doldrums, nativist politics is proving itself a risky proposition beyond the GOP's nativist base.
For one thing, most people are worried about the lack of money in their wallets. And for another, even Republicans dare not ignore an increasingly powerful Latino electorate.