A George W. Bush appointed federal judge has ordered President Trump to continue accepting DACA applications. How is it possible that an unconstitutional executive order by Barack Obama can’t be undone by President Obama? Why should Americans be forced to accept the unconstitutional DACA as the law of the land?
President Donald Trump has caught a lot of heat for rescinding the Deferred Action for Childhood Arrivals program with a six-month wind-down. Few people seem aware that he’s ending an administrative amnesty for illegal aliens that President Barack Obama lacked the constitutional and legal authority to implement.
How do we know? Because even Obama admitted it – repeatedly.
Responding in October 2010 to demands that he implement immigration reforms unilaterally, Obama declared, “I am not king. I can’t do these things just by myself.” In March 2011, he said that with “respect to the notion that I can just suspend deportations through executive order, that’s just not the case.” In May 2011, he acknowledged that he couldn’t “just bypass Congress and change the (immigration) law myself. … That’s not how a democracy works.”
Yet in 2012, he did it anyway. He put DACA in place to provide pseudo-legal status to illegal aliens brought to the U.S. as minors, including as teenagers. He promised them that they wouldn’t be deported and provided them with work authorizations and access to Social Security and other government benefits.
And he did this despite the fact that the immigration laws passed by Congress do not give the president the ability to do this. Indeed, Congress specifically rejected bills to provide such benefits.
As Attorney General Jeff Sessions pointed out this week, DACA “contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences.” Since most DACA beneficiaries are now adults, “it also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens,” Sessions said. –Heritage
Just now, it is being reported that a federal judge has condemned President Trump’s decision to end the Deferred Action for Childhood Arrivals (DACA) program as “unlawful,” saying its justification for doing so has been “virtually unexplained.”
U.S. District Court Judge John Bates, the third federal judge and the first Republican appointee to rule against Trump administration attempts to kill DACA, wrote in a Tuesday opinion that the Department of Homeland Security has 90 days to provide him with a more compelling reason for rolling back the Obama-era program, otherwise he could order its restoration.
“DACA’s rescission was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful,” Bates wrote.
“Neither the meager legal reasoning nor the assessment of litigation risk provided by DHS to support its rescission decision is sufficient to sustain termination of the DACA program,” he continued.
A Justice Department spokesman told Politico DOJ would continue to “vigorously defend” its position. “DACA was implemented unilaterally after Congress declined to extend benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress,” spokesman Devin O’Malley wrote in a statement.
Twitter exploded with Americans who are furious over the federal judge’s decision. –Fox News
“Melaniegore” asks a very good question: If
#DACA isn’t even legal & Obama said it was temporary, why can’t Trump just rescind it or do some kind of EO?
If #DACA isn't even legal & Obama said it was temporary, why can't Trump just rescind it or do some kind of EO? I'm missing something. If he did EO, he wld be able 2 get some type of immigration worked out in 7 years. & why wld dems want to work on DACA if judges just overrides T
— melaniegore (@melaniesgore) April 25, 2018
Mike tweeted what most of us are thinking: “I’m so sick of these leftist judges acting like tyrants! DACA is unconstitutional, therefore no new illegal aliens should be allowed!
#DeportThemAll #BuildTheWall #NoDACA”
— Mike (@mike_Zollo) April 25, 2018