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Posted on 05/02/2018 9:35:51 AM PDT by jazusamo
A lawsuit filed Tuesday by Texas and six other states may finally result in the long-overdue termination of the DACA program, which was created without legal authority by President Obama in 2012 to allow children brought into the U.S. illegally to temporarily remain here under certain conditions.
The lawsuit does not address the question of whether allowing the roughly 700,000 illegal immigrants protected from deportation under DACA is a good policy or a bad one. Instead, the suit contends correctly that President Obama exceeded his authority under law and under the Constitution to create DACA without the approval of Congress and without taking other required steps.
Whatever the outcome of the suit, the ruling seems certain to be appealed and wind up in the U.S. Supreme Court.
DACA stands for Deferred Action for Childhood Arrivals. President Trump announced in September that he wanted to phase out the program beginning in March, but federal judges blocked him from doing so after lawsuits were filed to keep DACA in place.
The lawsuit filed Tuesday against the U.S. Department of Homeland Security in U.S. District Court in Brownsville, Texas, correctly says DACA must be invalidated because President Obama had no legal right to create the program “without congressional authorization.”
The states contend that if Congress wants to, it has the authority under the Constitution to create whatever program it wants for the illegal immigrants affected by DACA. But the president doesn’t have that power acting alone.
This is a critical point. Under the Constitution, the president can’t change laws strictly on his own authority just because he thinks such a change is a good idea that will benefit the nation. Congress is a co-equal branch of government and must approve new laws.
(Excerpt) Read more at foxnews.com ...
Bump!
Great article.
Off the Wall Ping!
Contact to be added.
And since Obama started DACA via executive order, why can’t Trump simply end it via executive order?
If something is done by executive order, not an act of Congress, how can a liberal judge decide that the next president doesn’t have authority to issue another executive order on that issue?
Great that we need NEW Federal laws to overturn Obama’s executive actions/orders.
Obama the King rules forever.
Don’t ya love the constitution?
The states should have continued to pursue legal action against DACA after they won on DAPA.
It may have already been adjudicated.
And therein lies the problem with leftist activist federal judges that legislate from the bench.
I am sure that is the first thing that House Speaker Pelosi will put on the agenda next year,
I di when we had a Constitution.
It died on Usurpation Day, January 20, 2009 when all of our appointed and elected allowed an ineligible man to take the oath of office.
(Twice, both times, one public, one private, both times)
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If Republicans can maintain control of Congress, the first order of business should be pruning the scope of US inferior courts. Based on a diminished court, the second item should be issuing federal tightened election guidelines.
Don’t know how many times this has to be said on here but DACA was not even an executive order. It was a policy memo to DHS. That has even less clout than an executive order. This whole thing is BS.
The President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
That is probably the power Obama believed he was exercising.
However, being in the United State illegally is not an offense against the United States.
Being here illegally is really a simple lack of proper authority. It is not a crime or offense.
The illegals also lack the authority to work here. Only Congress can grant the authority to work in the USA for foreign nationals.
Lying on a I-9 form is an offense against the US. Entering the USA illegally is an offense against the US. Either Obama or Trump could issue pardons or repreives for such offenses.
West Virginia Attorney General Patrick Morrisey is running for US SENATE. While we will miss his swamp draining efforts here in West Virginia, we can be confident that he will continue them in Washington.
Bump!
The fact is the D in DACA stands for Deferred! Action was deferred, not cancelled. If president Obama could defer action legally, at any point action could commence. If the program intended cancelling action it would have been, CACA!
Entering the USA illegally is an offense against the US.
You contradicted yourself.
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