Posted on 04/25/2018 12:52:32 AM PDT by zeestephen
A D.C. federal judge has delivered the toughest blow yet to Trump administration efforts to end deportation protections for young undocumented immigrants, ordering the government to continue the Obama-era program and — for the first time since announcing it would end — reopen it to new applicants.
(Excerpt) Read more at msn.com ...
(1) In 2015, in his first campaign speech, Trump declared that he would "end DACA immediately." That promise turned out to be artful, political rhetoric.
(2) In 2016, Trump persuaded a group of state attorneys general to suspend their federal lawsuit, which claimed DACA was unconstitutional.
(3) For the first seven months of the Trump Administration, Trump did absolutely nothing to end DACA.
(4) In September 2017, after the state attorneys general threatened to re-open their federal lawsuit, Trump ordered Jeff Sessions to declare DACA unconstitutional, and to send an Executive Order to the Secretary of Homeland Security to stop enforcing DACA.
(5) Democrats immediately filed for injunctive relief in multiple federal courts.
(6) From memory, four courts have mostly sided with the Democrats, and one court has sided with Trump. Also, going unnoticed, is that Trump sends teams of career DOJ Democrat lawyers into federal court to argue Trump's anti-DACA case!
(7) The four pro-Democrat court rulings essentially make the same argument - namely, that Jeff Sessions cannot declare anything unconstitutional. Only a federal judge can do that.
(8) However, each of those four rulings also intimates that Trump has the authority to end DACA by simply writing a new Executive Order.
(9) Trump has ALWAYS had the lawful authority to end DACA - anytime he wants to - with this two sentence Executive Order: "Based on the exact language in the Immigration Act of 1965, the DACA kids are unlawfully present in the USA. Therefore, I order the Secretary of Homeland Security to remove them."
(10) No federal court in the country could even review an Executive Order like that.
(11) Bottom Line - Trump does not want to deport the DACA kids.
Judge Bates gave a roadmap to the administration Tuesday for how it could justify its phaseout. He said the government could offer a “coherent” argument for how DACA conflicts with immigration law, or that it violates the president’s constitutional duty to “take Care that the Laws be faithfully executed.”
One prominent law professor, Josh Blackman, has repeatedly urged the Justice Department to make both of those arguments to the courts, but the government’s lawyers have yet to do so.
Where is Sessions?
I agree, President Trump does have that power, but the optics would be horrendous. By doing the slow drip of court actions and deportations, many of them have self deported, as have many others.
He is using Sun Tzu tactics for taking the hill, without ever actually fighting for the hill.
If Trump wanted to lay down an Ace here...just say that all DACA applications will be accepted...but only in the home-country of the applicant, and they must show a state ID of that country to start the process. Also, the application would flow from the US embassy in that country....back to the US.
The judicial system does have judicial review over Presidential executive orders. It's been used on every President, including FDR (which he lost).
It's time for Trump to automatically and unilaterally if necessary, suspend any action ordered by these inferior federal courts until SCOTUS rules on them. Not refuse to hear the, Scotus hear arguments and rule on them.
Fiscal priorities have always been an excuse for poor immigration enforcement. He should divert all funds from The DACA process to the Wall.
What I don’t understand is if one President can bypass our system (congress) and unilaterally make a policy/law; why can’t the next President unilaterally undo it the same way?
What’s good for the goose and all that...
Something has to be done with these federal judges which continuously interfer beyond their Constitutional function.
Convention of the States is one solution.
The obvious one us to totally eliminate all the Federal Courts aside from SCOTUS.
They are creations of Congress and gave no Constitutional authorization.
Eliminate them and this will stop.
SCOTUS will then be limited to only major cases and eon’t be capable of intruding into everything
The Democrats loose at the ballot box and they then legislate from b the Federal Courts with criminals like this judge.
Trump should simply ignore it. SCOTUS already spoke on DACA.
The rules for judicial review of Executive policy are explicit, e.g. “abuse of discretion.”
If Trump’s E.O. simply quotes the exact language in INA 1965 and orders the Secretary to enforce the exact language, Administrative law expressly forbids judicial review.
Someone could file a lawsuit claiming that INA 1965 is unconstitutional, but an Executive Order to enforce the exact language in INA 1965 is untouchable.
https://en.m.wikipedia.org/wiki/John_D._Bates
From New Jersey. A “Buddhist”
Appointed first by Bush I to the Federal Courts and to his present position by that other idiot Justice Roberts.
Hard at work stealing your country.
Trump has the authority to write new Executive policy.
Once Trump was elected, it does not matter if DACA is legal or illegal.
Trump can write a completely legal new policy, based on the exact language in INA 1965.
The problem is, Trump does not want to deport the non-criminal DACA kids.
Obviously Trump thought he could use DACA as leverage to get everything else he wants; the wall, end to chain migration, end visa lottery, etc. The Dems refused because it was never about DACA for them, it’s about unlimited immigration. Trump didn’t get his deal but he did take DACA away from the Democrats as an issue to gin up support for amnesty. I think he wants to have it as a bargaining chip for a while yet, while he knows he can kill it anytime.
I’m beginning to think that Sessions is off duty at 4:20 everyday.
Everytime a law is passed by the people for the public good such as Prop 187 in California back in ‘94 and other examples, subversives grab a leftist judge to overturn the will of the people. I am not a lawyer, but if B.O.could executively sign DACA into law then Trump can undo it just as easily. The parallel of what the government has been doing for a long time to the complaints stated in the Declaration of Independence are like a couple of railroad tracks. It’s long over due for a redress. I see no other way.
It’s a frickin’ Presidential Executive Order and it CAN be rescinded by the next president if he wants to.
F this hack of a Democrat.
It’s like Obamacare being a tax but I cannot deduct the fees I pay for that tax OFF my taxes.
And a year later, he hasn’t built a wall. But we did get.. trillions in chuck n Nancy deals that fund every liberal act of thievery, a bumpstock ban, Syrian rapefugees.. so yeah we must be winning. Remember those shovel ready job memes we all laughed at? now Stimulus is cool. They are just party pimps.
Every inch of the wall should have been complete before handing trillions to Dems. Every. Inch.
I think they could run anyone in 2020 because clearly voting for trump got us very little in life changing policy for freedom lovers. And he couldn’t build a wall.
If every inch isn’t complete by 2020, they should stand up and admit they were wrong. Not voting for more of what we are getting now, kabuki theater. He’s entertaining, when he could be leading.
He is a gun grabbing, American kids last, liberal, still. Surprised?
There are a bunch of bots on here that should be reminded that their blind support for a liberal got us in much, more debt and no wall.
You still believe the wall should be there as he lifted his hand off the Bible, don’t you? Find out who controls the purse strings, for once.
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