Federal judge orders complete restart of DACA

Washington Times ^ | 4/24/18 | S Dinan

[SoFloFreeper]

Deepest blow yet to Trump’s phaseout

....Judge John D. Bates’s ruling would require a full restart, meaning even illegal immigrant “Dreamers” who’d never been approved before would now be able to apply for DACA.... judge imposed a 90-day delay on his own ruling to give the government a chance to reargue its case, but for now the ruling stands as the most severe blow yet to Mr. Trump’s phaseout.

Judge Bates said the government’s reasoning for revoking DACA wasn’t convincing enough, and so it amounted to an “arbitrary and capricious” decision, which makes it illegal under the Administrative Procedures Act.

“The Department’s decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful.

[foxfield]

Hey, what’s all this crap? I want to hear about the debt, the deficit, the wall, taxes, draining the swamp, the refugees, illegal immigration and MAGA.

[jyo19]

It’s not law. Federal judge’s orders for “policies” have no bearing, whatsoever, in law. The administration should just ignore this judge’s order entirely. A member of the judicial branch has ZERO standing to create policy for the executive branch... or to legislate for that matter.

[MarvinStinson]

Judge John D. Bates

[Trump Girl Kit Cat]

It is nice to know just how GWB intentionally SCREWED this country, WE ALL thought Roberts was being blackmailed HOWEVER I am now believing that he was NEVER a conservative Judge AND GWB knew who he was ALL ALONG!!!! His ruling on OCARE was STUNNING for all of us BUT I think it is time for us ALL to realize that this justice may be ANOTHER Kennedy ruling against us MORE than with us!!!!

[ContrarianView]

There are two parts to what Obama did with DACA. The first was to issue guidelines to DOJ to exercise prosecutorial discretion and not prosecute certain people who are in the US illegally (aka dreamers). The second was to set up an administrative procedure for registering these people.

The judge ruled that the administrative procedure could not be abolished except by following certain rules.

Trump can easily say “Ok, anyone who wants to apply for the DACA permit is welcome to. But I’ve directed the DOJ to arrest and deport anyone in the US illegally, and will post agents at the doors to where DACA permits are submitted and arrest and deport every illegal immigrant coming through those doors.”

The DACA application process is a magnet for illegals, and Trump can start deporting all DACA applicants, while not technically abolishing the DACA applications.

If an application is posted by mail, sent agents to arrest the applicant and the address they so kindly put on the DACA application - it makes the job easier :)

[publius911]

Judge Bates said the government’s reasoning for revoking DACA wasn’t convincing enough, and so it amounted to an “arbitrary and capricious” decision, which makes it illegal under the Administrative Procedures Act.

Ignore the ruling.
Omugabe already validated that unconstitutional crime as President.

In addition that Bates seems to have tasted that "arbitrary and capricious" cocktail himself...

[mosesdapoet]

Bates ? Bates ? Don’t remember seeing him on ballot when I voted for President. Do know of a movie with the lead character with that name Who elected him President ? Since when should a Federal District Judge decision make an enforceable ruling that goes beyond his district without it getting reviewed and supported by SCOTUS ?

District judges answer to and are created by Congress they are selected by US Senators within that district then appointed by the President.

[KavMan]

There should be a rule

If a lower Judges decision for a POTUS ruling gets repealed by the Supreme Court that Judge gets expelled for 10 years!

[LiveFreeOrDie2001]

He’s got that look...... Defiant look.

That look that he’s do something like this.....

Anyone else see it??

[Steve Van Doorn]

Chief Justice John Roberts maybe the worst supreme court judge ever.

[rollo tomasi]

Eleven days after the September 11, 2001, terrorist attacks, Pennsylvania Governor Tom Ridge was appointed as the first Director of the Office of Homeland Security in the White House. The office oversaw and coordinated a comprehensive national strategy to safeguard the country against terrorism and respond to any future attacks.

With the passage of the Homeland Security Act by Congress in November 2002, the Department of Homeland Security formally came into being as a stand-alone, Cabinet-level department to further coordinate and unify national homeland security efforts, opening its doors on March 1, 2003.

This is the agency where DACA resides (Immigration and Naturalization Service was absorbed in) and where this judge used his prerogative power to "protect" DACA.

This abomination, created by Congress through Vesting/Necessary and Proper, is basically a playground for administrative mischief. The Judges latch onto these agencies' legislation, created/a proxy by Congress, and "run with it" at their choosing.

The only way to stop this is to start killing prerogative courts/power/legislation known as government agencies.

Congress has plenty of time to hash out specific problems, but instead transfer their powers to these agencies that cause a lot of mischief.

[Beautiful_Gracious_Skies]

A wolf in sheep’s clothing, you say?

There are those that believe that 9/11 railroaded Arbusto’s true North American plan to unite Mexico, Canada & the USA.

It’s been trickle up poverty at a huge American expense both socially and economically.

[Oldeconomybuyer]

The Administrative Procedure Act (APA), Pub.L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. (Wiki)

... So Hussein used his pen and phone to create DACA out of thin air, required that DACA be recertifed on a regular basis, but it’s a violation of the APA for Trump to let it expire the way Hussein designed it.

Judicial tryanny in 100% pure form.

[IamConservative]

Better title: “Black Robed Tyrant has Ruled the Constitution Unconstitutional.”

[Mechanicos]

Nowhere in the US Constitution does it give the Judiciary the authority to create law - which is what this traitor just did. An EO is not law and can be removed by an EO. Congress made no such law. He’s way out of bounds here.

[rollo tomasi]

The DHS Secretary codified DACA based on the language found in Obama’s EO per legal code found in Title 8 - Aliens and Nationality (As argued by the defense) and administrative powers allowed by Congress. Judge Bates blasted Session’s legal reasoning/legal errors why the code was unconstitutional (Judge has “due process” in the back of his mind concerning DACA recipients and Sessions is well a ?).

[Gay State Conservative]

Isn’t this very issue currently before SCOTUS?

[Joe Boucher]

Whole lot of federal judges should be dragged behind pick em up trucks down long rocky roads.

[NY.SS-Bar9]

Under what authority does this judge legislate?

How many divisions does this judge have?

[SecondAmendment]

"It's a law unless its a policy" - Chief Justice Roberts School of Law