ShootSpeeders
Gold Member
- May 13, 2012
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The DACA program is NOT a law passed by congress. In 2012 Obama issued an executive order saying he was not going to enforce the immigration laws and would let 800,000 illegals stay.!! He should have been impeached and removed for that, but that's another matter. The point here is that EOs are just policy and are not law and certainly not binding on Trump. It's insane to say that Trump cannot enforce a law just because Obama refused to enforce it. This judge Alsup is a mexico-firster and should be hung for treason.
A Federal Judge Saves DACA, for Now
jan 10 2018 Last September, President Donald Trump ordered an end to Deferred Action for Childhood Arrivals, the Obama-era program that gave legal status to almost 700,000 immigrants who were illegally brought into the United States as children, and gave Congress until this March to find a permanent fix for “Dreamers.” In announcing the decision, Attorney General Jeff Sessions described DACA as “an unconstitutional exercise of authority by the executive branch.” But a federal judge in California disagreed on Tuesday, a ruling that may complicate the fraught congressional negotiations over the fate of so-called Dreamers.
Because Trump’s decision “was based on the flawed legal premise that [the Department of Homeland Security] lacked authority to implement DACA,” District Court Judge William Alsup concluded, the president’s order should be “set aside” while a legal challenge brought by Dreamers and a coalition of Democratic-led states makes its way through the courts. In other words, Alsup ruled that the Obama administration acted lawfully when it created DACA, and therefore the Trump administration can’t end the program by claiming the program wasn’t lawful in the first place.
It’s unclear whether that reasoning will survive scrutiny on appeal. Alsup’s handling of the case already prompted the Supreme Court to intervene in December, when the justices voted 5-4 to vacate his order for the government to turn over additional internal records during the discovery process, which gives the parties to a lawsuit access to documents and other materials from the opposing side that may be relevant as evidence. The justices rarely intervene in this phase of a case, even in high-profile matters.