Posted on 02/13/2018 1:34:28 PM PST by Oldeconomybuyer
A second U.S. judge on Tuesday blocked President Donald Trump’s decision to end a program that protects immigrants brought to the United States illegally as children from deportation.
U.S. District Judge Nicholas Garaufis in Brooklyn ruled that the Deferred Action for Childhood Arrivals program, or DACA, cannot end in March as planned, a victory for state attorneys general and immigrants who sued the Republican administration.
The plaintiffs had argued that the administration violated federal law by cutting off a program that hundreds of people relied on with little explanation.
In the ruling on Tuesday, Garaufis said the Trump administration could eventually rescind the DACA program. However, the reasons it gave last year for winding down the program were too arbitrary and could not stand, the judge said.
Garaufis ordered the government to process both initial requests for DACA status, as well as renewals, on the same terms as had been in place before the administration made its announcement last September.
(Excerpt) Read more at reuters.com ...
Your loyalty, and your oath of office are to the Constitution of the United States of America. Not to some federal judge. Your office exists in the Constitution. His does not. In your executive authority, to the extent that you follow the restrictions of the Constitution, you are answerable to nobody. In the Constitution, which you have sworn to defend, authority over immigration is given to Congress. Not to the President, and not to any Court. Your execrable predecessor grossly exceeded his authority in creating the so-called "DACA" program. He acted without authority, in a blatant display of tyrannical power.
Your duty, Mr. President, is to overturn your predecessor's illegal and unconstitutional seizure of power. Your duty, Mr. President, is to end "DACA". End it now. Protect and defend the Constitution, as you have sworn to do.
And tell this upstart "judge" to pound sand.
His ruling is unenforceable.
That looks like Clinton with glasses
“And he said the administration doesn’t have to approve any specific DACA applications. But it must begin to process applications again.”
________________________________________________________
Fine. If none of the applications have to be approved, just give them to Barron, let him make paper airplanes out of the applications, and then have Melania and Barron fly them off the Truman Balcony.
President Trump: Please tell that GANGSTER “Judge” to go SIT on a Coke bottle and ROTATE!!
The reasons were too arbitrary, as in “it was an illegal execution order”?
As many as the pope.
The administration needs to bring the judge up for impeachment proceedings.
DACA was an illegal executive order. A successor president can summarily rescind an EO of a preceding president. Trump even tried to do the right thing by saying the law re: DACA had to come from Congress.
These black-robed tyrants will be the death of the U.S. as a constitutional republic. When that happens, all bets are off re: how and where those judges end up.
Trump is not cutting it off at all. Zero built in the end-date (Probably on purpose and on schedule) that has been well-known since the inception with full explanation. Trump is simply refusing to extend the expiration date.
Judges cannot legislate. Only the legislature can. The judge’s decision is therefore, null and void.
Umm Executive Order issued and cancelled. His role is what?
What makes a damn fool like this think that something like this will stick?
He needs to go PO of course.
Looks like without the stain being visible.
DACA is unconstitutional to begin with. Mr.Trump has merely to execute his constitutional authority to reverse the decision- of a former executive. Simple as that. Courts and judges cannot MAKE something constitutional that is not, and thus they have ZERO enforcement power over separation of powers Constitutionally established powers of the President.
He simply closes the program, and states it is unconstitutional and he is acting in his Constitutional capacity to end an illegal program. Courts and judges— ignore their ruling, for there is no downside to a courts decision to support an unconstitutional act. Said judge and any others should be brought before a superior court with impeachment and removal from office. State that, and see what they do. Andrew Jackson ignored the Supreme Court— successfully.
This is, actually, a ruling AGAINST Obama’s EO.
“... Obama’s EO ...”
-
From what I can determine, there was no executive order.
DACA was created by a memo from Janet Janet Napolitano.
“It also highlights the importance of judicial appointments.”
Actually it highlights the impotence of Congress which fails in its Constitutional duty to check the power of the judiciary.
The Constitution provides two remedies for judicial tyranny and criminality. Congress has the power to impeach and remove judges who violate their oaths and fail to uphold the Constitution. Article II, Section 4.
Congress also has the power to determine the jurisdiction of the courts (Article III). Congress can remove immigration issues from the jurisdiction of the courts at any time.
Judicial appointments are importance but the founders knew there would be malfeasance in the judicial branch and provided the remedy. Unfortunately, in the 21st Century, Congress refuses to do its duty.
That it was instituted via an illegal, unconstitutional Executive Order by the Magic Negro is trivial "little" explanation?
Seriously?
President Trump needs to forge ahead and ignore the judge. Just like the hope-and-change Kenyan did, when a judge ruled his DACA EO unconstitutional.
Force the judge to enforce his order. Push the envelope. Respond to his ruling with a proverbial middle finger,
There is no Congressional action authorizing DACA. Fast-track an appeal to SCOTUS and let it be decided.
hmmm illegal policy change
Excuse me, but could someone cite the US code DACA program falls under, since as I understand it the DACA program was created by EO signed by ‘0’.
An EO that has long since EXPIRED.
[I bet there IS no US Code for the DACA program.]
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.