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 ...
I really fail to see how a district judge ruling is a "major victory." The Supreme Court will have the final say, not this guy.
And SCOTUS will decide otherwise
I thought DACA was an Executive Action. Whether it was legal or not, Trump can still undo it with his own EA.
Daca is a done deal. It's over.
---------------- This activist district court judge may have inadvertently put the nail in the coffin of DACA. The supreme court of the Peoples Republic of California, otherwise known as the Ninth Circuit Court of Appeals, won't stay the decision and that is exactly what needs to happen to give the decision to Justice Kennedy once again. The Supreme Court needs to rule on DACA. Let us hope so.
“So what happens now?”
Until the Supremes vote on it there will be no wall, chain migration will continue and so will lottery.
I don’t recall ever seeing such blatant politics and disregard of the law by the judiciary was we’ve seen over the past year. How does a judge rule that a program already ruled illegal, ended by the president, which is within his authority and already called for by a court, must continue?
Activist Judges. Lock them up.
That’s what it could be. Judge grabbing defeat from the jaws of victory! If so, we should put up monuments to this moron, who will be a pariah to the left.
But, this outcome is probably too good to be true.
Yup. Which means Alsup is going to lose.
[[and said the administration illegally cut corners in canceling it. ]]
What law were broken?
[[ruled the DACA program legal]]
Giving ILLEGALS immunity from our laws is legal how again? Suppose some non resident trying to get in LEGALLY, felt left out and want to steal SS numbers and be immune from prosecution? and reside in this country illegally instead? How is that legal again? Is that some kind of banana court they have in Californian?
Please explain to America dear judge how it is legal for ILLEGALS to break our laws?
since the judge is ignoring the presidential authority to do this- perhaps trump should ignore the judge?
We need to start doing to 9th-circuit judges what the left did to then-Judge Roy Moore. They give zero f***s about the certainty that their rulings will be overturned, or even their lack of jurisdiction.
What will probably happen is a “bill of love” turns into an “Act of Love” amnesty and Trump turns into Yeb!
And that’s how everyone will know that DJT has successfully jumped the shark ... and will not run in 2020, since he will have zero support, making whomever the Democrats run our next POTUS and destroyer of everything DJT.
No FBI investigation of this left wing activist pausing as a judge, impersonating, so as to destroy the US... instead the judge orders the FBI to investigate Trump for using the wrong pronouns and disrespecting people who dream...
If this is not a political coup...
Yep. He listens to his daughter too much... who will get him impeached. After that, like any chick, she will see him socially austracized and dump him
Preposterous
Why bother having a president or Congress when we have judges? Apparently they have all the power in the country.
Who didn’t see this coming?
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