Posted on 04/25/2018 3:11:54 PM PDT by Signalman
Well, the battle over what to do for recipients enrolled in the Deferred Action for Childhood Arrivals has been thrown back into the frying pan. Like crabgrass, this issue keeps arising—and causing headaches for the Trump administration. The Trump White House decided to gradually phase out the constitutionally questionable program, effectively rescinding an executive order issued by former President Obama. Yet, politically, they couldn’t leave almost one million illegal aliens subject to immediate deportation; the political consequences would be too great. So, they added in a six-month enforcement delay, affording Congress time to pass a DACA fix.
In other words, the Trump White House gave Congress time to pass the law the right way. Well, Democrats weren’t playing ball. This was the best option since close to a dozenstate attorneys general threatened to sue the Trump administration should they do nothing on DACA. White House lawyers felt rightly that they couldn’t defend the law in court. So, here we are. Failed DACA fixes, government shutdowns over illegal aliens, and Democrats turning down the legalization of 1.8 million illegals, putting them on the pathway to citizenship, in exchange for border wall funding. It’s been a whirlwind—an issue that’s been a thorn in the side of the administration. Health care is the other one. So, what’s new? Well, a federal judge says DACA has to be restarted, though he gave Department of Homeland Security three months to better elaborate on why this program should go (via NYT):
In the biggest setback yet for the Trump administration in its attempt to end a program that shields some undocumented young adults from deportation, a federal judge ruled Tuesday that the protections must stay in place and that the government must resume accepting new applications.
Judge John D. Bates of Federal District Court for the District of Columbia said that the administration’s decision to terminate the program, Deferred Action for Childhood Arrivals, or DACA, was based on the “virtually unexplained” grounds that the program was “unlawful.”
The judge stayed his decision for 90 days and gave the Department of Homeland Security, which administers the program, the opportunity to better explain its reasoning for canceling it. If the department fails to do so, it “must accept and process new as well as renewal DACA applications,” Judge Bates said in the decision.
The ruling was the third in recent months against the Trump administration’s rollback of DACA. Federal judges in Brooklyn and in San Francisco each issued injunctions ordering that the program remain in place. But neither of those decisions required the government to accept new applications.
For all the lawyers out there, feel free to chime in, but I thought the constitutionally shaky ground for DACA stemmed from the fact that the executive passed legislation. We have separation of powers; DACA crossed that line. And the notion that a succeeding president can’t rescind an executive order of his predecessor sounds ridiculous.
On The Hill, there's chatter of a new DACA fix that has the support of at least 218 members of the House, which is enough for passage. It's a way to pressure Speaker Ryan to hold a vote, which he wasn't going to do. We'll see what happens now though.
“He’s capitulated on the subject. Gone over to the Uniparty side “
Nope, it’s just a hard cold reality that he cannot do anything in the face of solid opposition from the GOP, and the courts.
Any move he makes like you suggested will be immediately struck down in a court, and Congress will not lift a finger to assist him.
When judges said this kind of thing to Obama, he simply ignored them, and instructed the US Attorneys who were arguing the case to blow smoke up their ass.
For which strategy the MSM went into spasms of admiration and ecstasy over how brilliant the “constitutional scholar” Obama was.
If this was O’Bama he would ignore the ruling and the media would back him.
It’s time to play hardball on these over-zealous judges and their lawmaking fantasies..
90 days ,moving it closer to the Midterms ,how will the Dems use this, they don’t care ,LOL
Why doesn’t President Trump write an EO of his own to end this and keep it ended?
And...wasn’t DACA to die a Natural Death in March, 2018, versus those many of us dying Unnatural Deaths due to our Illegal Invader problems?
My thoughts too...
I highly doubt the Republican Congress will use that power and defund that court.
Does anyone know if our president and his AG/DOJ are appealing this appalling judicial tyranny and asking for it to be stayed in the meantime? I haven’t seen anything about that. I don’t know how this judge’s personal opinions can override the president’s executive decisions!!
Judges can not direct the Executive branch to do something. They can only direct the Executive branch that something is unconstitutional.
JoMa
Dear Federal Black Robed Marxist Commie...
GFY!
Ah, yes, the judicial branch is now in charge of immigration and this dip-shit rules we must admit illegal entrants. Why have a border?
Or what?
This business with every judge in the and being able to overrule the resident needs to end.
How about you’ve got 90 seconds to clean out your desk, “ judge”.
Federal Judge: “Mr. Trump, You Have 90 Days To Restart DACA or I am going to whine, piss and moan and do nothing about it as I can’t make you do anything, just as the courts couldn’t stop Obama from implementing the illegal DACA.”
There should be prison style buses standing by to take these new applicants to the nearest airport for deportation. It might work for a week or so, until the word gets out, but if the illegal aliens are willing to voluntarily surrender it'll save the cost of raids.
don’t do it.
You learn in law school that an illegal law is not enforceable, and you cannot claim rights because you “relied” on an illegal law.
DACA was clearly illegal. Even Obama admitted it was not supported by the law, he did it because Congress did not take the actions he wanted. And yet here we are.
John Bates made his decision, now let him enforce it. It is long past time that the judiciary gets its power broken.
-—Yet, politically, they couldn’t leave almost one million illegal aliens subject to immediate deportation; the political consequences would be too great.-—
I disagree.
The support and renewed enthusiasm from the core supporters (aka, the base) would far outweigh the negative press from the anti-American lefties.
Not to mention this would be the right thing to do.
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