Posted on 01/14/2018 10:04:56 AM PST by Kaslin
Yesterday, the Department of Homeland Security announced that it would resume the application renewal process for illegal aliens seeking protection from deportation after being brought into the United States as children. These “Dreamers”, as they are known in some circles, had previously been shielded from deportation under President Barack Obama’s executive order known as the Deferred Action for Childhood Arrivals program (DACA).
On Tuesday January 9th, U.S. District Judge William Allsup ruled that President Donald J. Trump did not have the legal authority to rescind some parts of the program. In September 2017, Trump pledged to end DACA altogether unless Democrats and Republicans in Congress could craft a bill addressing serious legal and immigration issues that he could sign. Allsup ruled that the DHS must accept applications from individuals seeking to renew their "Dreamer" status, but did not have to accept new applications from individuals applying for the first time.
"These individuals had submitted substantial personal identifying information to the government, paid hefty fees and planned their lives according to the dictates of DACA," the Judge wrote. "The administrative record includes no consideration to the disruption a rescission would have on the lives of DACA recipients, let alone their families, employers and employees, schools and communities."
He added that the government's arguments were "arbitrary, capricious and an abuse of discretion."
After hearing Allsup’s decision, the White House strongly condemned what some may say is judicial overreach. "An issue of this magnitude must go through the normal legislative process," White House Press Secretary Sarah Huckabee Sanders said. "President Trump is committed to the rule of law, and will work with members of both parties to reach a permanent solution that corrects the unconstitutional actions taken by the last administration."
And President Trump tweeted on Wednesday, "It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts.”
On Sunday morning, President Trump once again took to Twitter to slam America’s immigration policy. "DACA is probably dead because the Democrats don’t really want it, they just want to talk and take desperately needed money away from our Military,” he proclaimed.
Moments the president later called for a merit based immigration system.
“I, as President, want people coming into our Country who are going to help us become strong and great again, people coming in through a system based on MERIT. No more Lotteries! #AMERICA FIRST,” he added.
So far, Republicans and Democrats have not been able to compromise on an immigration reform bill that would also address the problem of illegal aliens and "Dreamers" currently in the United States.
Sessions and Miller strongly oppose allowing the Dreamer’s to remain but Ivanka and Jared Kushner do support granting them a path to citizenship.
Problem is, Trump is damned if he ignores the judges and damned if he doesn’t.
If he does ignore the judge, you all know the commies and media (but I repeat myself) WILL scream tyrant as loud as they possibly can for as long as they possibly can.
If he lets it stand, his supporters lose faith in him.
There may come a time when he says ‘enough’ and posts on twitter that a mere circuit court judge cannot overrule the president, and asks congress to remove said judge.
Again, damned if he does, damned if he doesn’t.
...at a snail’s pace hopefully.
There is a flaw in the shyustem when one lowly appointed judge can overrule a president on just a whim. and the left is exploiting it.
The answer IMO, is to say that only a supreme court ruling can overrule a president and ignore lower court rulings until the SCOTUS decides the matter.
Jarenkas are going to lose this illegal court order pretty fast.
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When a judge rules that an illegal alien has constitutional rights, the judge needs to be immediately removed and disbarred.
Invaders rights are found in the Geneva convention.
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ONCE AGAIN, for no apparent reason, the Trumpsters SURRENDER to a single Federal judge, instead of continuing the policy during appeal.
To point out,
in the last 11 months, the presidents of the 9th Circus have been overruled many times vs President Trump. I forgot how many times since it has been so many. Has it been 6 times or 10 times or more? President 9th Circus are about to lose this one too.
Did I miss something?? Isn’t this latest case being appealed??
Judges like this will continue to be an impediment to progress. A more earnest effort needs to be put forth in draining the swamp.
It sure does.
DUh judge’s “ruling” came 2 days ago on a Friday.
Perhaps President Trump is allowing as many illegals as possible to self identify so they will be easier to pickup and deport.
So the 9th circuit court is in charge of federal immigration law now?
Let these black robed tyrants try yo enforce their decrees.
Logic of the Left: There is no legal authority to rescind a program that had no legal authority to be implemented in the first place. Moreover, something implemented purely as an executive action cannot be revised or reversed by executive action, according to a judge.
This ruling is as stupid as it is dishonest. This is why leftists do not belong on courts - they don't even try to be judicial. The judge if President would not have personally rescinded the order and therefore believes they have the authority to re-implement a purely executive action just because they want to - without any deference to the fact as a judge they have no authority to do so.
The judge is a moron and doesn’t know or follow the Rule of Law. What a putz.
As soon as this happened the Dems had no reason to negotiate and now you’ve seen what happened. Trump needs to announce that regardless what the courts say deportations will start on March 5th. Make the dreams wake up every morning wondering if this is the day they are deported. Without the pressure negotiations will continue to be useless
Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive *any person* of life, liberty, or property, without due process of law; nor deny to *any person* within its jurisdiction the equal protection of the laws.
The 14th protects any person, not just citizens.
This is a matter of separation of powers.
The `rat hack judge here is trying to usurp the constitutional powers of the US executive branch.
This shouldn’t be surprising since Hussein usurped the power of the legislative branch in signing this illegal EO. The Democrats and their GOP-e allies (who did nothing when Barry stepped on them) are determined to keep their little DACA (NOT DREAMER) dears.
This is partisan `rat resistance from a federal organization to a duly elected US president—similar to the FBI and CIA in 2016—because they don’t like his policies.
IMHO it is unconstitutional and as wrong as the Portland, Oregon judge who helped an illegal DUI escape from ICE, breaking her attorneys oath, state and federal laws, and as far as my searches show, has received no sanctions or discipline.
Congress: Impeach rogue judges. NOW!
This fiasco would never have happened if on day one Trump had signed the EO overturning DACA. He signed numerous other orders in day one and left this one to bake.
On DACA he made his bed. This one is of his own doing. He is doing exceptional in every other aspect except this. Now that he has left it stew for almost a year he has given liberal judges every opportunity to sand bag him. He has allowed precedent to be set by letting DACA bake
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