Judges order full restart of DACA, administration has ‘sole burden’ to locate migrant parents

The Politico ^ | August 4, 2018 | Daniel Lipmann, Anna Palmer and Jake Sherman

[2ndDivisionVet]

FULL TITLES: Immigration wars: Judges order full restart of DACA, Trump administration has ‘sole burden’ to locate migrant parents

[rktman]

Yeah under discussion already. Restart a program that wasn’t legal in the first place via a presidential memo authorizing it. Somebody deserves some serious jail time.

[wastedyears]

8 US Code 1182 you F’in tyrant.

[Republican Wildcat]

Judges have no authority to order a President to issue an Executive Order as such an order by a judge is claiming the full powers of the presidency for themselves - yet that is exactly what they have done. And the press reports it as though it is legitimate.

[allendale]

Elections matter. Sixteen years of Clinton/Obama resulted in the appointment of many biased, essentially corrupt Democrat judges.

[LegendHasIt]

Damned unelected black-robe Judiciarchs.

Ignore them.

(Or introduce them to rope, tree branch, gravity.... Whatever works.)

[Fungi]

Pound sand unconstitutional jackass.

[Red Steel]

This judge is brazen. He knows he’s far from any law that supports his edict.

[Ciaphas Cain]

Once, just ONCE, I want to see President Trump tweet “enforce it then, you black robed bastard.”

[This_Dude]

I prefer wall, blindfold, firing squad...

[kiryandil]

Republican Wildcat wrote: Judges have no authority to order a President to issue an Executive Order as such an order by a judge is claiming the full powers of the presidency for themselves - yet that is exactly what they have done. And the press reports it as though it is legitimate.

Lazamataz wrote: Deferred Action for Childhood Arrivals, also known as DACA (closely related to the Dream Act mentioned above) was illegally implemented by Executive Order -- even though Obama admitted he could not do so -- and had an expiration date of March 5th, 2018. Despite this, a Federal Judge (John D. Bates) ordered the Trump Administration to restart this illegal, expired program within 90 days.

So I was hanging on Twitter when a tweet by the ceckless funt, Cameltoe Hairyass, scrolled by.

Well, I got mad, and made fun of her for claiming that it was "illegal" for a president to disobey an executive order.

But then, I looked further, so I didn't embarrass myself.

Turns out that DACA ISN'T an "executive order" - it's an effing "executive branch memorandum" - a memo.

And that there are RULES for executive branch memorandums.

https://en.wikipedia.org/wiki/Presidential_memorandum

Sometimes used interchangeably, an executive order is a more prestigious form of executive action that must cite the specific constitutional or statutory authority the president has to use it.

Unlike executive orders, memoranda are not required by law to be published in the Federal Register, but publication is necessary in order to have "general applicability and legal effect".

The Federal Register gives publication priority to executive orders and presidential proclamations over memoranda.

Memoranda can be amended or rescinded by executive orders or another memorandum, but executive orders take legal precedence and cannot be changed by a memorandum.

===============

I can find no evidence that the DACA memorandum (the memo) was published in the Federal Register.

This means that a federal judge-clown has ruled that a memo that has no legal effect has the legal effect of a law or an executive order.

As Laz pointed out in his post #13, "The main point of this post is to point out the sheer, galling hypocrisy that both the News Misleadia and Democrats (but I repeat myself) display, constantly".

It's clear that the News Misleadia has refused to actually tell people what was going on with Trump's #MemoBreaking* and his #ScoffMemo* attitude.

#LawBreaking and #ScoffLaw

[Weirdad]

Thank you for the clarity on this insanity

[Freedom_Is_Not_Free]

Somebody explain to me the authority a judge has to force the government to implement an illegal program. DACA violated established US immigration laws. Congress never passed the Dream Act, therefore DACA is based on no law. How is it possible that DACA can be enforced when it was nothing but a policy Obama installed on his own?

This is why all judges should be forced to identify the specific law and the key provisions of that law, upon which they base their rulings.

[Freedom_Is_Not_Free]

Yes, this is a really good case for Trump to just say, nope, I am not doing it. Sue me.

[Dogbert41]

No point at all at trying to point that out to the Communist Libtards at Politico.

[Secret Agent Man]

make the court enforce the order.

[Dr. Pritchett]

All the judiciary has to do now is ENFORCE their law. What? Not their job to enforce the laws? Well, neither is legislating it. Pound sand, petty tyrants.

[Dr. Pritchett]

Kamala Harris?!?! I thought that idiot was supposed to have been a lawyer herself. Seems not to understand how government works.

[Jacob Kell]

Actually, I believe that this jerk off was appointed by George W. Bush.

[Electric Graffiti]

“(Or introduce them to rope, tree branch, gravity.... Whatever works.)”

The damage they’re doing to what’s left of the rule of law is incalculable. Destroying the last vestiges of our constitutional republic.

Nothing short of treason trials and hangings on the national mall can save us now...