Posted on 01/09/2018 10:11:48 PM PST by Oshkalaboomboom
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.
(Excerpt) Read more at washingtontimes.com ...
He could be doing us a favor (unintentionally, of course) if he blows the raw deal.
So what happens now?
If this reaches the SUPREME COURT, DACA may officially end due to a progressive judge legislating from the bench. How appropriate.
The judge is telling the President he must continue an illegal program started illegally by his illegal predecessor that protects illegal aliens from our laws.
Post this if that’s allowed, everyone needs to read it.
https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca
When DAPA hit the Supreme Court, it was tied 4-4, making the 5th Circuit decision stand.
That would be hilarious. Libs never consider “unintended consequences”.
So what happens now?
~~~~~~~~~~~~~~~~~~~~~~~~~
What should happen is the government take it to a higher court. When DAPA went to the Supreme Court it was tied 4-4.
They should strike it down as illegal.
What will probably happen is a “bill of love” turns into an “Act of Love” amnesty and Trump turns into Yeb!
These GD judges!
But this may have a silver lining...we’ll see who has the last word.
HOW IN THE HELL IS AN ILLEGAL, UNCONSTITUTIONAL EO LEGAL?
It’s like Groundhog Day with these judges. So predictable.
That's easy, since we are receiving mixed previous decisions, and "precedents" that were fine before but not now :
Like if Omugabe didn't like a court decision, or court order for eight years, he would just ignore it. And got away with it.
Trump also has a phone and a pen.
Considering it was “pen and phone” Obama wholecloth to start, exactly what was wrong with killing it?
I have a feeling that this is exactly what would settle the whole issue. The judge, unthinkingly, gave us an out.
Let the courts decide. I think I’m seeing an end to the problem that we did not anticipate.
What’s the expression...the judge stepped on a rake?
Of course, after two vodka martinis, everything looks like the end of the problem.
Another America-hater aiding and abetting criminals. Our so called judicial system is a mess. Way too many commie activists.
The 9th Circus is telling Trump he can’t rescind an Executive Order where he is the President of the Executive Branch of government. No the Circus obviously can’t do that.
End it anyway.
exactly
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