EDITORIAL: Dreamers’ fates lie with Congress

The question of how to deal with so-called dreamers, people who have resided in the United States illegally since childhood, has been a politically thorny one in these hard partisan times where empathy is lost in the political shuffle.

It’s a gray issue in many respects, but one that many see in terms of black and white.

Individuals who oppose legalizing in any way those who were given temporary refuge under the Obama-era Deferred Action for Childhood Arrivals, or DACA, program, see these individuals as illegal immigrants, pure and simple. Those who want them to be allowed to stay in the United States legally see them as Americans who are U.S. citizens in every way except documentation.

Then, it gets ugly. Passion overwhelms reason, which leads to stereotyping, mischaracterization and dehumanization. If you find yourself holding either of those positions, you are demonized by those holding the opposing view. You either hate immigrants or you support wide-open borders. You want them banished or allowed to stay in the U.S., depending on how it benefits/hurts your preferred political party. You believe the law is the law or you don’t believe in law at all.

The middle ground loses real estate with every issue that arises these days.

After several states, led by Texas, threatened to sue the Trump administration over the legality of the DACA program, which conservatives have derided as an overreach of executive authority, President Trump, who has held that the program was unconstitutional, announced that DACA would be phased out over a six-month period. He also said that those in the DACA program would not be targeted for deportation unless they engaged in criminal activity.

Whether you agree with Trump’s position on the legality of DACA, its survival of a court challenge is not promising. An administration that does not believe an action was legitimate is unlikely to vigorously defend it. While a court case is never certain until judgment is given and appeals are completed, chances are that DACA would not survive.

What the president has done is place the issue back where it should have been addressed long ago — Congress. And the White House has included the six-month period to give lawmakers time to address the issue.

This is a situation that literally calls for an act of Congress. A presidential order, as we have seen, can be ephemeral. A permanent solution is needed.

So what should Congress do?

First, lawmakers in both houses, fresh off their August recess, should make this a priority issue. Then they should take time off from pushing agendas and positioning for coming elections and look at the human element. While statesmanship and open exhibitions of wisdom have been in short supply in Washington for some time, there are bright people in the nation’s capital who should be able to cobble together a reasonable solution that respects law while also showing compassion for a group people who are in a unique position, one they did not seek out.

A resolution can be found, but only if Congress is up the challenge. If not, the dreamers could well become a nightmare for lawmakers.