Trump's immigration agreement with the Democrats.

The reality explained.

Jose Reyes, Esq.

September 15th 2017.


This Wednesday ended with great enthusiasm after the news that Democratic leaders of the House and Senate reached an agreement with President Trump in relation to making DACA a law. But Thursday was a day of ups and downs regarding the information that came out, in which they tell us that there is no agreement and later that there is in fact an agreement. In this article I will try to explain the current situation according with the available information.


To understand the process of converting DACA into a law, we must divide the process into the different steps that must be taken:


  • How it is presented.
  • Content.
  • Specific details.
  • When it is discussed.


From the analysis of these four stages, we will realize that this Wednesday's meeting between the Democratic leaders and President Trump was a very important step forward in the process. In the meeting they agreed on three of the four steps, leaving only the specific details pending. And although these are of great real importance to those who will benefit from this law, the three agreed issues are also of great political importance for the parties involved.


How it is presented.


 The first step, determining how the project is presented, is of great importance. The comprehensive immigration reform project of 2013 managed to solve even the specific details, but was never put for the vote in the House of Representatives, even do it may had been approved.  That is why an agreement on this topic is very relevant.


In their statements Thursday, Republican leaders of Congress and the House of Representatives were a little upset that they were not included by the president in the negotiations, but at the end of the day they agreed that the bill would be voted on in both houses of Congress. That is why we consider this step is already agreed.





The general content of the law is of great importance because it can throw down an effort that clearly has the support of most lawmakers. The most important obstacle is President Trump's border wall, which requires an investment of more than $ 20 billion and Democrats will definitely not vote in favor. If this topic is included in the project to convert DACA into law, the result will be that the project will not be approved.


The initial demonstrations of President Trump were in the sense of including the wall in the migratory issue which caused us much concern. But on Wednesday agreement and the president's statements prior to the agreement were that the wall will not be included in the bill to convert DACA into law. Taking out of the way the most important obstacle.

The Democrats will give in a little bit about what the law will contain and will allow for inclusion of border-strengthening issues that both President Trump and Republicans are looking for. The specific information regarding the content is unknown, but some media reports confidential sources saying that it is camera systems, personnel for border crossings, intelligence systems, but do not include more immigration judges, personnel to carry out deportations, modifications to the deportation processes, or expansion of immigration detention centers. All of these eliminated points are issues that Democratic lawmakers oppose significantly and trying to include them could prevent passing the law. Apparently this issue was also agreed on Wednesday.


When it is discussed.

When it is discussed is also important. The media reports and information on the meeting of the Democratic and Republican leaders of House of Representatives' on Wednesday, indicate that the goal of legislators is to resolve this issue promptly, probably before the recess of December, but quite possibly in the following month. When it is presented for discussion and voting, it will definitely depend on resolving the step that was not negotiated and which is pending.


Specific Details.

The specific details of the law regarding the immigration issue are few:


  • Dreamers may or may not become citizens.
  • Up to what age the law benefits those who arrived before 15 years as established by the DACA or before 18 years as set by the Dream Act.
  • Until the deadline for arrival on June 15, 2007, as established by the DACA or December 31, 2013 as determined by the Dream Act.
  • The age limit less than 30 years on June 15, 2007 as set by DACA or without age limit as set by the Dream Act.
  • Additional requirements such as continued residency, voluntary departures, problems with the police and other incidental issues that are different in the DACA program and in the Dream Act.


These issues were definitely not agreed with President Trump. These are specific topics that legislators will have to discuss and we cannot know at the moment how they will be defined. The most important issue will be whether the law will allow dreamers to become citizens. The most conservative news portals launched an attack on Thursday accusing President Trump of granting an immigration amnesty, something that angered the base that voted for Donald Trump.


As we can see in this analysis there has been much progress in the Dream Act and there are only a few issues to be defined, but these issues are very political and can derail this effort that until today is well underway.






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Copyright 2018 Jose Reyes, Esq. Immigration Attorney