Federal judge John D. Bates, a George W. Bush appointee, ruled that President Trump’s decision to rescind the DACA (Deferred Action for Childhood Arrivals) program “was unlawful and must be set aside.”
While Judge Bates did not say that Trump lacks the authority to rescind DACA (a 2012 executive order signed by Barack Obama), he blocked Trump’s move on the dubious grounds that he considers it “arbitrary and capricious.”
Earth to Judge Bates: You will be overruled on appeal. Count on it.
In his April 24 ruling, Judge John Bates wrote: “DACA’s rescission was arbitrary and capricious because the Department failed adequately to explain its conclusion that the program was unlawful. 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.”
Bates noted that President Trump had ordered the reversal of Obama’s DACA executive order on the grounds that DACA was “unlawful,” but Bates claims that’s not a good enough justification.
Bates also conceded that the Trump administration could be able to rescind DACA if it offers an alternative rationale for reversing it. (Translation: Tomato, tomah-toe):
“Although the substantive flaws in DACA’s rescission are curable in theory, the Department [of Justice] may face practical obstacles when attempting to remedy them. Nonetheless, there remains a ‘nontrivial likelihood’ that the agency could justify DACA’s rescission on remand.”
Judge John Bates is now the third federal judge to block President Trump’s decision to end DACA. The other judges were Clinton appointees Judges William Alsup and Nicholas Garaufis.
Here’s the problem for them: DACA is not a law. It was an executive order by a former president.
Incoming presidents reverse the executive orders signed by previous presidents all the time. When Barack Obama took office, he rescinded at least 18 executive orders of George W. Bush during his first 100 days in office.
The press and the courts said nothing. Why? Because a sitting U.S. president has the authority to reverse his predecessor’s executive orders.
Barack Obama enacted DACA in 2012 to give children who were brought to the United States illegally, amnesty from deportation and eligibility for a work permit. He rushed the executive order through after he got re-elected for his second term.
— Jack Furnari (@JackBPR) December 31, 2017
Critics say Obama’s goal was ultimately to grant citizenship to those illegals so they can support the Democratic Party.
Obama has slammed President Trump as “cruel” for rolling back his illegal executive order while failing to mention that he deported over 3 million illegal aliens during his tenure — more than any president in U.S. history.
Where was the liberal media outrage then?
While many people think liberals support illegal immigration and Muslim refugees because they’re kind-hearted humanitarians, in reality it is a scam to increase the Democratic Party’s voting bloc.
The DACA kids of today will grow up into Democratic voters, as will their children. So you hook generations of voters with one executive order.
Let’s not forget that DACA was Obama’s cynical political attempt to energize special interests before 2012 campaign; Gave them false hope
— Charlie Spiering (@charliespiering) September 4, 2017
— James Woods (@RealJamesWoods) September 4, 2017
Obama's aides saw Hispanic registration was below 2008 & panicked, pushing him to ignore his own earlier assertion that DACA wld be illegal https://t.co/2JtNFjTtYz
— Mark Krikorian (@MarkSKrikorian) September 4, 2017
Democrat Nancy Pelosi said all Americans owe a debt of gratitude to the illegal aliens who smuggled their children into the United States in defiance of federal immigration laws.
Meanwhile, U.S. taxpayers pay for DACA recipients’ educations, healthcare, and housing in most cases. Where’s our thanks?
— Conservative News (@BIZPACReview) October 5, 2017
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