The theory that the Border Surge “kids” can’t be deported is due to an anti-trafficking law that says Mexico is too dangerous for teenagers–they could be sold into slavery or something–and therefore they have to be kept safe in America.
This is partly the point I made in my piece To End “Unaccompanied Minor” Scandal, Start Deporting Illegal (And Irresponsible) Parents.
So Obama is just respecting that law–his hands are tied. Who believes that? Not this guy:
Remember, these kids can’t be deported because of a US immigration law. And lord knows we’re sticklers about enforcing immigration law.
— David Burge (@iowahawkblog) July 8, 2014
In fact, a CIS report by Jon Feere says that Obama’s hands are not tied, he’s just refusing to do his duty. That sounds much more credible.
Even where the 2008 trafficking act is applicable, provisions within the law allow its application to be limited in “exceptional circumstances”, which — as one prominent Democratic senator recently suggested — might include the current border crisis.
[2008 Trafficking Law Largely Inapplicable to Current Border Crisis, Center For Immigration Studies, July 2014]
So Obama and Jeh Johnson are using discretion they do not have to impose DACA, which is an Executive Order which puts into effect the DREAM Act–which did not pass, repeatedly. See Senator Sessions’ Letter to Congress: Obama Immigration Strategy “Threatens Foundation of our Constitutional Republic”.
They are equally not using discretion they do have to deport people who need to be deported to protect America.