Posted on 01/09/2018 8:48:30 PM PST by Revel
We were right about that. This is to take away Trump’s leverage. It is in this much more detail article.
https://www.politico.com/story/2018/01/09/trump-dreamers-daca-judge-333143
Obama’s order seems to be illegitimate on its face.
Perhaps the basis for the California order is that the Courts should undo Obama’s orders, not a subsequent President.
But is lo g history of them being rescinded by subsequent President.
We will see.
Executive Orders and their legitimacy have a long history in the Supreme Court. They are to make orders to carry out the law not to thwart it.
Obama’s order seems to be illegitimate on its face.
Perhaps the basis for the California order is that the Courts should undo Obama’s orders, not a subsequent President.
But is long history of them being rescinded by subsequent President.
We will see.
Need no Democrats to fund the Wall.
I checked the comprehensive Trump Executive Order list on Wikipedia. No sign of a Trump DACA E.O. on 05 September 2017.
That page also lists all presidential memoranda, determinations, and orders. I did a word search for “DACA” and “Deferred,” but no hits on those at all.
Below, I posted the link for Jeff Sessions “advise to rescind” letter to the Department of Homeland Security.
Sessions simply lists all the arguments in the anti-DACA case filed by nine state attorney generals and advises DHS to rescind.
Sessions does not even imply that Trump ordered this.
Here is the Sessions Letter, which generated the DHS memo you sent me:
https://www.nytimes.com/interactive/2017/09/05/us/politics/document-Jeff-Sessions-DACA.html
And if an EO WERE to be treated as duly enacted law, then that would also apply to Trump’s decision to end it.
Please note...
President Trump did NOT sign an Executive Order revoking the Obama Executive Order.
Instead, Attorney Jeff Sessions sent an “advise to rescind” letter to the Secretary of Homeland Security.
The Sessions Letter does not even imply that President Trump personally ordered DACA to be revoked in March 2018.
In my opinion, if Trump actually does write an Executive Order to revoke DACA, then the ruling made by the San Francisco judge is moot.
In my opinion, the reason Trump did not previously write an Executive Order was to prevent his political opponents from claiming that “Trump revoked DACA.”
How nice for him.
District Judge William Alsup WHApo@cand.uscourts.gov 415-522-4051
His docket shows he has other hearings on Department of Homeland Security
DOJ said the judge’s decision doesn’t change the fact that the program was an illegal circumvention of Congress, and it is within the agency’s power to end it.
Trump is a moron for playing this game with DACA and not declaring it dead a long time ago.
Federal judge or not, a ruling on immigration from a sanctuary city in violation of federal law should have no merit ... at least it wouldn’t if we lived in a sane society ... which is a daily battle to maintain a shred of sanity.
Did he appropriate funds for implementation?
The President needs to stop playing the judicial lottery game. The Constitution limits the power of government, it does not compel it. Obama’s Executive Order exceeded his powers, but no judge could have directed him to issue the Order in the first place. He should issue a statement stating that the judge’s order is unconstitutional and of no force and effect.
Aren’t they the 9th Circuit?
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