DACA means ‘Deferred Action for Childhood Arrivals’.
The ‘children involved’, over 900,000 of them are now adults.
Their children are also in the onion.
They are popularly referred to as “Dreamers”.
Their children are also in the onion.
They are popularly referred to as “Dreamers”.
To unpeel this onion, we are going to use “jurisprudence”. Jurisprudence is the “science” of law. That is why universities classify law as a “social science”.
A. The History.
Over 900,000 humans were brought into America illegally by their parents. At the time they were children.
Over 900,000 humans were brought into America illegally by their parents. At the time they were children.
B. The law.
A child is doli incapax; Latin for “incapable of committing a crime”. So, none of the now DACA adults is guilty of anything whatsoever.
A child is doli incapax; Latin for “incapable of committing a crime”. So, none of the now DACA adults is guilty of anything whatsoever.
C. Jurisprudence
It is fundamental jurisprudence that a human being cannot be visited with a punishment or divested of any of the basket of human rights that otherwise accrue except as a consequence of wrongdoing, proved by a fair due process.
It is fundamental jurisprudence that a human being cannot be visited with a punishment or divested of any of the basket of human rights that otherwise accrue except as a consequence of wrongdoing, proved by a fair due process.
Article 1 of The Universal Declaration of Human Rights (“UDHR”) prohibits persons from being treated “unequally”. Equality is a cornerstone of the UDHR.
Article 2 prohibits discriminating against a person on the basis of that person’s “national or social origin” and/or “international status of the country or territory to which a person belongs…”
Article 7 states that – “All are equal before the law and are entitled without any discrimination to equal protection of the law. “
Article 9 states – “No one shall be subjected to arbitrary arrest, detention or exile.”
Article 10 states – “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations…”
Article 13 states – “(1) Everyone has the right to freedom of movement and residence within the borders of each state.”
Article 15 states – “(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”
Article 30 prohibits any State from taking away any of the above.
Article 2 prohibits discriminating against a person on the basis of that person’s “national or social origin” and/or “international status of the country or territory to which a person belongs…”
Article 7 states that – “All are equal before the law and are entitled without any discrimination to equal protection of the law. “
Article 9 states – “No one shall be subjected to arbitrary arrest, detention or exile.”
Article 10 states – “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations…”
Article 13 states – “(1) Everyone has the right to freedom of movement and residence within the borders of each state.”
Article 15 states – “(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”
Article 30 prohibits any State from taking away any of the above.
D. The Universal Declaration of Human Rights was signed off at the United Nations, in 1948, after 2 World Wars and the Holocaust.
As a "lead" signatory the USA is fully bound.
The human rights that the UDHR confers are “unalienable”; meaning that no government can take them away.
As a "lead" signatory the USA is fully bound.
The human rights that the UDHR confers are “unalienable”; meaning that no government can take them away.
E. The Problem
… and it is a big problem, is that Donald Trump, supported by his “nativist” base and supine dysfunctional Republican Party, is threatening to deport all the DACA humans unless Congress agrees to a US$ multibillion wall being built to seal off the (according to Trump) “murderous, rapist, drug dealing Mexicans”.
So Trump is seeking to use the threat to deport DACA humans as blackmail in pursuance of his racist, xenophobic agenda.
So Trump is seeking to use the threat to deport DACA humans as blackmail in pursuance of his racist, xenophobic agenda.
F. Now is this really rocket science… to see?
… that these humans cannot be treated “unequally”;
… that these humans cannot be treated “unequally”;
… that they are guilty of no crime or wrongdoing;
… that therefore they cannot be divested of any of their human rights.
Personally, I am truly astounded that such BASIC jurisprudence appears to be lost on the supposedly great US of A.
Comment
There can be not the slightest doubt that the underlying driver of Trump's stance is racist bigotry. It is one aspect of his version of "ethnic cleansing".
Comment
There can be not the slightest doubt that the underlying driver of Trump's stance is racist bigotry. It is one aspect of his version of "ethnic cleansing".
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