Follow the Intercept’s live coverage of the Senate confirmation hearings.
During his confirmation hearing Tuesday, Sen. Jeff Sessions was asked by fellow Republican Sen. Lindsey Graham about President Obama’s Deferred Action for Childhood Arrivals executive order, or DACA, which allowed 750,000 undocumented immigrants who were brought to the U.S. as children to apply for relief from deportation and obtain work permits.
“It would certainly be constitutional, I believe, to end that order,” said Sessions, who has fiercely opposed immigration reform throughout his Senate career.
No surprises there — but Sessions dodged Graham’s followup question: What about the 800,000 kids that “came out of the shadows” as a result of it? Sessions hemmed and hawed and declared that “We’ve been placed in a bad situation.”
He dodged the question again when Sen. Dick Durbin noted he hadn’t answered Graham, and asked: “What is going to happen to them? What is the humane, legal answer to that?”
The closest Sessions came to answering was to say that “We’re not able to seek out and remove everyone who’s in the country illegally” and that deporting criminals is a higher priority.
“That does not answer the question,” Durbin fired back.
“Well I thought it did answer it pretty closely,” Sessions told Durbin.
The question is one that DACA recipients across the country have been agonizing over since Donald Trump’s election. “We really don’t know how to prepare,” said Carlos Vargas, who came to the U.S. when he was 4 and in 2012 jumped at the chance to get a driver’s license, a work permit, and a social security number. “We feel like our hands are tied behind our backs.”
It’s unclear what canceling DACA would mean to, as President Obama has said, “what for all practical purposes are American kids.” They could lose work authorization, driver’s licenses, and other protections that came with the order.
But many also fear the government will now use the information it has compiled to track them down and deport them.
“They know how to reach them if they really want to,” Juan Cartagena, president of the civil rights group Latino Justice, told The Intercept. “The real question now is one of constitutional rights. To what extent would a court ever permit people who in good faith relied upon the government to defer deportation and willingly gave information, to now turn around and take those people and remove them forcibly, to rely on the federal government to protect you and then for them to turn around and use that against you?”
Sessions wouldn’t say.