[ April 24, 2024 ]
A federal judge in California may have put the halt to President Donald Trump’s overturning of the Deferred Action for Childhood Arrivals program begun under Barack Obama.
But now the Justice Department is stepping in, asking the Supreme Court to intervene and rule on this San Francisco judge’s determination.
Back in September 2017, the White House announced an end to DACA:
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But lawsuits followed from the amnesty supporting left. And now, a single judge in California has put a stop to the White House’s plans.
Attorney General Jeff Sessions has just announced that he is petitioning the highest court in the land to intervene and determine the legality of this San Francisco judge’s decision.
That, in addition to an administration appeal of Judge William Alsup’s order — to keep DACA going — could give this White House the border control win it needs. Remember: DACA was put in place by Obama at the executive level. Congress was completely shut out of the decision.
Here’s more on the judge’s decision in California, though, courtesy of the Washington Times:
A federal judge in California blocked President Trump’s planned phaseout of the Obama-era DACA deportation amnesty in a ruling late Tuesday that could upend the negotiations on Capitol Hill over “Dreamers” future.
Judge William Alsup, a Clinton appointee to the bench, ruled the DACA program legal — the first court to do so — and said the administration illegally cut corners in canceling it.
He ordered the administration to allow illegal immigrants to renew their DACA applications just as they would have under President Obama.
“The agency shall post reasonable public notice that it will resume receiving DACA renewal applications and prescribe a process consistent with this order,” the judge said.
The ruling is a major victory for immigrant-rights groups who had challenged Mr. Trump’s phaseout.
One of those challengers was former Homeland Security Secretary Janet Napolitano, who created the DACA program in 2012, without going through the full notice-and-comment period. Ms. Napolitano said that while her action was legal, canceling DACA without notice-and-comment was not legal.
Judge Alsup agreed with Ms. Napolitano, who sued in her new role as president of the University of California system, along with the state of California and several other challengers.
The judge, in his ruling, said the 2012 DACA program, while not approved by any law, appeared to be supported by years of practice in administrations of both parties.
“In extending programmatic deferred action to DACA enrollees, the agency acted within the scope of this long and recognized practice,” the judge said.
The ruling contradicts other federal judges, including the 5th U.S. Circuit Court of Appeals, which rules a program similar to DACA was illegal because it not only didn’t go through notice-and-comment, but it also was contrary to immigration law.
Judge Alsup said the DACA case was different enough that he didn’t feel bound by that logic, and he blasted the Trump administration for caving to legal threats from Texas and other states opposed to DACA based on that circuit’s ruling.
Mr. Trump and his aides had concluded the program was illegal and ordered a six-month phaseout, concluding March 5.
Josh Blackman, a professor at South Texas College of Law, called Tuesday’s ruling “surreal.”
In a series of Tweets, he said the 5th Circuit’s ruling on the broader 2014 Obama immigration amnesty was based heavily on the operations of DACA.
“The upshot is that because the Trump Administration understood executive power in a more narrow fashion than did the Obama administration, the former acted arbitrarily and capricious. I’ve never seen anything quite like it,” he said.
Mr. Trump’s decision to phase out DACA set off a scramble on Capitol Hill, where Democrats and Republicans began to search for a more permanent solution for nearly 700,000 people still protected by the DACA program.
Those conversations came to a head Tuesday when Mr. Trump convened a meeting at the White House with Democrats and Republicans. Both sides agreed to try to reach an agreement, with Democrats insisting a speedy resolution was needed to beat Mr. Trump’s phaseout.
If Judge Alsup’s ruling stands, it could eliminate the need for speed, upending those negotiations.
Judge Alsup did allow some exceptions to his ruling reinstating DACA. While current and past recipients could apply for renewal, he said no people who hadn’t applied for DACA before could join now.
DACA recipients can also still be deported if the government has good reason, the judge said.
And he said the government doesn’t have to continue issuing “advance parole” to DACA recipients. Many of those recipients had used the advance parole system as a backdoor pathway to citizenship under Mr. Obama.
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23 Comments
6 years ago
THE SUPREME COURT RULED YEARS AGO THAT THE FATHER PROGRAM DAPA WAS UNCONSTITUTIONAL AND SO DACA WILL BE ALSO . DACA WAS BY EXECUTIVE ORDER BY OBAMA . THE PRESIDENT CAN NOT WRITE LAW , HE OVERSTEPPED HIS EXECUTIVE AUTHORITY IN DOING SO . HE BY PASSED CONGRESS AND DUE PROCESS LIKE HE DID RE-WRITING THE ACA 37 TIMES WITHOUT THE CONSENT OF CONGRESS . DACA WAS AND ALWAYS HAS BEEN AN ILLEGAL APPARATUS FOR THE DEMOCRATS TO GET VOTES FROM ILLEGALS . OBAMA DID THE SAME THING WHEN HE STOLE 200 BILLION DOLLARS AND GAVE IT TO IRAN AS TRIBUTE . HE BY PASSED THE LAWS AND STATUTES OF THE USA IN DOING SO . HE AIDED AND SUPPORT TERRORIST ACTIVITIES OF THE IRANIANS IN GIVING THEM 200 MILLION DOLLARS WITHOUT THE CONSENT OF CONGRESS.
6 years ago
Reply to
Sgtsnuffy
Well all that is true, Sarge. But as long as Leftist judges sit on the bench the actual Constitution is just Kleenex, and whatever comes out of their rectal orifice is constitutional.
6 years ago
Reply to
Dan Knight
the thing about judges is they took an oath TO UPHOLD THE LAW
Any judge found to be violating that oath CAN BE THROWN OUT
6 years ago
Can’t this judge declare borders illegal because Congress is racist? (It is not just Trump, it is Trump voters that this judge wants to slay.)
6 years ago
Reply to
pdxnag
He just did. … And we should not doubt he and his buddies had a jolly time congratulating him for his ‘courageous’ decision to resist racist Americans and their racist border policies.
I’ve heard conservative judges admit they have literally overheard this sort of talk at legal functions and parties, so it’s entirely plausible.
6 years ago
Three branches of government seem unnecessary, with today’s judiciary. The federal government could save a great deal of money. Close both houses of congress … no need for an executive branch … the judges rule it all. Have some type of computer generated lottery system, that appoints judges .. and, as they’re already ruling the nation …. may as well not hide the fact.
6 years ago
“DACA recipients can also still be deported if the government has good reason, the judge said.” How is this for a “good reason”, the existing immigration laws make it illegal for them to be in this country. Works for me ….
6 years ago
Judge William Alsup, a Clinton appointee, … needs to be denaturalized and deported to Mexico.
He’s as American as the Rosenbergs and Benedict Arnold.
With apologies to nuclear proliferators and traitors.
6 years ago
Reply to
Dan Knight
Incredible that we have … human-looking creatures … on the bench who would allow a Leftist POTUS to change our immigration law without any constitutional authority to do so – much less any common sense or responsibility or duty to the rest of the nation. But the same creatures will not allow a simple undoing of the unconstitutional act.
Such decisions are why I consider the Constitution of the US a dead letter. Until we have a SCOTUS and a bench that respects the Constitutions which grant the authority to the government to govern we the people, the government is rogue, and we live in a Banana-Leftist-nastie Fake-republic.
6 years ago
Reply to
Dan Knight
Just hang on…..when Ruthie Ginsburg topples out of her chair one more time on her head after drinking herself silly, only next time she won’t get up…..or Kennedy decides he’s had enough on the bench……Trump will put another Gorsuch in there and Roberts can just sit there and mildew since his “obamacare” is a “tax” crapola…..Then we can start working on breaking up the 9th circuit crime ring……it’s coming. Have faith.
6 years ago
Reply to
ladywarrior
LOL I thought we in New Zealand were to have the pleasure, post DJT victory, of welcoming Ruthie to our fair isles to drink herself silly. I’m reliably informed our Pinot Noir is to die for.
6 years ago
With sessions involved it’s guaranteed to go badly for us.
Sessions is worthless as our AG
6 years ago
Appointed by Bill Clinton. No one judge should have such power, no government official should have such power, especially one who was not voted in by the people but is a political appointee stooge, this is BS and he should be ignored. DACA is an executive order, written by Obama, it is not law! The word “legal” means: ” based on or concerned with law.” So how can any one, judge or anything else, say it is legal.
6 years ago
Do we still have a law in this country?
6 years ago
They will lose in the Supreme Court….it’s just aggravating to have to keep spending taxpayer dollars because of Far Left Kook judges…… I think when SCOTUS over turns these wanks they should be removed from the bench as subversives circumventing Federal Law……when in God’s name is the 9th Circuit going to be broken up to reduce their anti-American policies? If Trump never did anything else the next 3 years but break up that Globalist, Communist, Anti-American Cabal of the 9th circuit he would change the USA back to a country of Laws……
6 years ago
In writing to William Jarvis, Jefferson said, “You seem . . .
to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”
The germ of dissolution of our federal government is in the constitution of the federal Judiciary; an irresponsible body (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.”
6 years ago
Illegal alien numbers – Youve been lied to for decades!
Fox News and other sources repeat the same old media/politicial lie of only
11-12 illegal aliens in the USA!!
Whenever these politicians and the media regurgitate these lies you will know
them for their cover up!!
Univision boasted 50 million
Retired INS M. Cutler writes of 40-50 million would receive amnesty if ever it is granted…
Debbie Schlussel writes of 40 million..
CAPS Study 2007 reports of up to 38 million..
6 years ago
The Implications of DACA Amnesty and Chain Migration
THE MEDIA CONTINUES TO REPEAT THE LIE OF ONLY 800,000 ILLEGAL ALIENS UNDER DACA..
ICE Agent: “My Job Obsolete, Borders Now Wide Open;” Career ICE Official:
“We’re Being Kept in Dark;” 40 Mlln Amnesty, NOT Just 5 Mlln
Those are just some of the reactions I’ve gotten from demoralized Immigration and Customs Enforcement (ICE) agents who contacted me yesterday and last night regarding Barack Obama’s announcement of mass amnesty for illegal aliens via executive fiat.
6 years ago
How is it some d-bag POS judge can stop the President of the United States implementing law to protect this country – One knucklehead judge
6 years ago
If “Congress was completely shut out of the decision” by Obama, why doesn’t Trump reverse his action, simultaneous reversing the process and shut Congress out of the decision, as did Obama and telling this court to go to hell. Why did no court challenge what Obama did? This is truly absurd!
6 years ago
So, why isn`t this so called judge arrested for not upholding long standing Federal Law ? At least, throw his silly dumb dufuss hindend off the bench. No country can stand if there is no justice, laws ignored by so called officials,laws made by the unqualified and obeyed by those without the will to resist anymore. What`s going to happen,if it isn`t already, is Southern residents will begin defending our border, themselves. Discretely, of course.
