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Acting CBP Commissioner Mark Morgan warned that the Supreme Court’s decision against ending DACA serves as a “green light” to child smugglers.
The acting U.S. Customs and Border Protection commissioner spoke on “Fox & Friends Weekend” Saturday about his disappointment in the high court’s ruling, saying they “punted” on the issue, deciding against President Trump’s attempt to end the Deferred Action for Childhood Arrivals program.
(Source: Fox News)
“I was really disappointed, both as a commissioner and as a lawyer, that the Supreme Court did just that – they punted. They used a very narrow nuance, a very technical aspect to this, to really not address it on the merits,” Morgan said Saturday, referring to the Supreme Court 5-4 decision.
Chief Justice John Roberts joined liberal justices, arguing that the Trump administration violated the Administrative Procedure Act, and would not uphold the Department of Homeland Security’s move to eliminate the program protecting immigrants who were brought to the country illegally as children which former President Obama established through an Executive Order.
“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions ‘is none of our concern,'” Roberts wrote the majority opinion. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”
Supreme Court rules against Trump admin; Obama’s DACA order cannot be rescinded https://t.co/15TTYfrylt
— Conservative News (@BIZPACReview) June 18, 2020
The Court held that “DACA is not simply a non-enforcement policy,” as recipients have to apply for benefits. In his dissenting opinion, Justice Clarence Thomas wrote that Trump’s administration is being held to a higher standard than the initial DACA order.
“I think this is important. The American people need to understand DACA, it’s not a law. It’s merely a program and it’s illegal,” Morgan told Fox News co-host Griff Jenkins.
“But yet the Supreme Court didn’t address that. They also didn’t address the fact that they absolutely said that the president has the authority to get rid of this program, but they punted all of that,” he added.
Morgan argued that “what this is going to do is continue to give the smugglers a green light to exploit and lie to the kids and say keep coming because if you get to America you will fall under DACA and you are going to get to stay here. It’s a really frustrating ruling.”
“DACA actually goes against the current laws on the books,” Morgan explained. “The president tried two years ago to make this not a political thing but really to hand it to Congress where it should belong and Congress walked away from the table. The president didn’t.”
He noted that, as far as the administration is considered, the ruling is a delay, not a defeat. Trump tweeted that “enhanced papers” would be submitted in his pursuit of getting the job done, pointing out how “Do Nothing Democrats” have failed to advance the issue.
…ruling & request of yesterday. I have wanted to take care of DACA recipients better than the Do Nothing Democrats, but for two years they refused to negotiate – They have abandoned DACA. Based on the decision the Dems can’t make DACA citizens. They gained nothing! @DHSgov
— Donald J. Trump (@realDonaldTrump) June 19, 2020
Meanwhile, U.S. Senator Tom Cotton minced no words in his rebuke of the Supreme Court’s chief justice, suggesting Roberts give up his position and run for office if he wants to play politics since he uses “different standards” deciding Obama and Trump administration cases.
“Unfortunately, Chief Justice Roberts consistently seems more concerned about the reputation of the court and his reputation among Democrats and the media than the rule of law, the Arkansas Republican told “Fox & Friends Weekend” cohosts Pete Hegseth, Jedediah Bila, and Griff Jenkins.
(Source: Fox News)
“He did things like this in the first ObamaCare case, the second ObamaCare case, the case last year about asking a citizenship question on our census, and now in this immigration case in which the court ruled that President Trump cannot simply undo what President Obama did. That cannot be the law,” Cotton said.
“If the chief justice has such excellent political judgment, I would recommend that he resign and travel to Iowa for the caucuses and see if he can earn the votes of his fellow Americans.”
“If he wants to be the Chief Justice though, he should follow the law and he should uphold the Constitution and our laws as they are written — not apply two different standards: one for President Obama and one for President Trump,” Cotton said.
“It needs to stop. The way to protect the integrity of the court is to uphold the Constitution and our laws as written,” he concluded. “Not as the media and the Democrats wish they were written.”
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