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Verify: Can Congress make DACA permanent?

A KHOU 11 viewer sent in a question about the future of DACA after the president offered to restore protections for children brought to the U.S. illegally.

As the battle over a border wall and the government shutdown rages on, Deferred Action for Childhood Arrivals, which allows some children brought to the U.S. illegally to stay, has stayed in the spotlight.

That hot topic is sparking questions from some viewers. Carol wants to know, “Can Congress create a law to make DACA permanent and a clearer path to citizenship? Would this legislation then become permanent and not able to be changed by this or any future president?”

To verify, KHOU spoke with Dr. David Branham, a political science professor at the University of Houston-Downtown.

Dr. Branham says, yes, Congress can pass that law. However, he says that same naturalization power also allows a future Congress to change that law, too.

President Trump or any future Commander-in-Chief could also veto either action, but if two-thirds of both the House and Senate override it, Congress has the final say. Dr. Branham adds that any executive order issued by any U.S. President could be challenged in court.

KHOU can verify that yes, Congress can pass a law on DACA, but it could always be changed by Congress or possibly stopped by a president.

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