Congressional Republicans are looking to revive
legislation that could give a deportation reprieve to thousands of
illegal immigrants who came to the U.S. as children, in turn easing the
pressure on President Trump as he faces a deadline to decide the fate of
a related Obama-era program.
Sen. Thom Tillis, R-N.C., is
leading the charge on a conservative version of the so-called Dream Act.
The talks come as Trump prepares to announce whether he’ll keep the
Deferred Action for Childhood Arrivals (DACA) program – which was former
President Barack Obama’s unilateral, executive-action version of Dream
Act legislation.
The timing for a Trump announcement has been fluid.
In the most recent guidance, White House Press Secretary Sarah Sanders
said the decision will be made next Tuesday.
Trump initially had said the call could come as early
as Friday or this weekend, without going into detail. Asked if
‘Dreamers,’ or those affected by the policy, should be worried, Trump
told reporters: "We love Dreamers. We love everybody."
One official told Fox News earlier that Trump
ultimately is expected to end DACA, while allowing those in the country
who qualified under the program to stay until their work permits expire.
Such a move would infuriate Democrats – as well as
some moderate Republicans. However, if lawmakers can draft legislation
that accomplishes similar goals, it could give Trump some leeway to end
DACA without significant impact.
A senior administration official suggested Friday that the onus was back on Congress to pursue a legislative solution.
"Congress has to do this,” the official told Fox News.
Some Republicans support the goals of Obama’s DACA
but think the former president committed an overreach by doing it
through executive action. Tillis’ office pointed to this distinction in
describing his legislative effort.
“Regardless of the policy itself, DACA is an
executive overreach that sets immigration policy through executive order
instead of the proper channel—legislation,” Tillis spokesman Daniel
Keylin told Fox News. “It’s the responsibility of Congress, not the
President to offer a long-term legislative fix.”
Congress has been considering legislation to shield
young illegal immigrants from deportation for years, dating back to the
George W. Bush administration. Lawmakers tried again to pass a bill
during the Obama administration, but couldn’t muster the votes amid
flagging Republican support. The Obama administration announced the DACA
policy in 2012.
According to Keylin, Tillis will be working with
Republicans on “conservative legislation” to address the “long-term
uncertainty” undocumented minors face. Kelyin told Fox News that they
needed to create a “fair but rigorous process” for legal status,
requiring individuals 18 or older to either be “employed, pursue
post-secondary education, or serve in the Armed Forces.”
While the legislation is still being drafted, McClatchy
reported that Tillis' bill is expected to be similar to one introduced
by Rep. Carlos Curbelo, R-Fla. Curbelo’s bill, the “Recognizing
America’s Children Act,” would offer an eventual path to U.S.
citizenship to immigrants who entered illegally before Jan. 1, 2012 and
were 16 years old or younger, according to the Miami Herald.
“The White House has sent a very strong message by
preserving the executive order that protects these young people,”
Curbelo said in an interview with the Miami Herald
in March. “We know that they’ve been very aggressive when it comes to
immigration policy, so it certainly stands out that they have left the
DACA executive order untouched.”
On Friday, House Speaker Paul Ryan, R-Wis., said he
supported a legislative solution to protect undocumented minors, but
also urged the president to reconsider scrapping DACA.
"I actually don't think he should do that and I
believe that this is something that Congress has to fix," Ryan said on
radio station WCLO in Janesville, Wis., Friday. "President Obama did not
have a legislative authority to do what he did."
Ryan added: "There are people who are in limbo. These
are kids who know no other country, who were brought here by their
parents and don't know another home. And so I really do believe that
there needs to be a legislative solution."
Sen. Orrin Hatch, R-Utah, also weighed in on the
issue, calling on the president to halt rescinding DACA, saying it would
“further complicate a system in serious need of permanent, legislative
solution.”
Hatch added that the “solution must come from
Congress,” and that he will be working with colleagues and the
administration to pass “meaningful immigration reform” and provide a
“workable path forward for the Dreamer population.”
Then-candidate Trump promised to terminate DACA
during the 2016 presidential campaign, but since taking office has
weighed whether to preserve components of it.
Looming in the background is the threat of potential
legal action by state attorneys general led by Texas Attorney General
Ken Paxton and nine other AGs who oppose DACA. Paxton said Thursday that
his office would stick to a previously determined Sept. 5 deadline set
by officials from Texas for a decision.
Fox News’ John Roberts, Chad Pergram and Kelly Chernenkoff contributed to this report.
Brooke Singman is a Politics Reporter for Fox News. Follow her on Twitter at @brookefoxnews.