Judge issues wacky and unconstitutional ruling in DACA case

Washington Times:
A federal judge on Friday said the government must restart the entire DACA deportation amnesty, including accepting brand new applications — but gave the administration a chance to appeal before his ruling takes effect.

The ruling by Judge John D. Bates is a major blow to President Trump, and creates even more confusion about his immigration policy.

Judge Bates said Mr. Trump and his Homeland Security Department do have the power to revoke the Obama-era DACA program, but they cut too many corners in the way they tried to do it.

He said the government needs to prove that it has considered the benefits to society of having illegal immigrants here and working, versus the government’s interest in enforcing the laws as written. He said Homeland Security failed to do that in its original revocation last September, and even after he gave it a chance to update its reasoning, it still failed to convince him.

“The court sees no reason to change its earlier determination that DACA’s rescission was arbitrary and capricious,” he ruled.

Other courts had already put the revocation on hold and ordered the government to renew applications of some 700,000 people who already had DACA status and who reapplied.

But those courts had declined to restart the program in full, meaning brand new applications.

Judge Bates’ order would do that.
All of those who have ordered the continuation of a program not authorized by Congress and with no appropriation from Congress are acting unconstitutionally.  Obama did not have the authority to ignore the current immigration law and he is guilty fo failure to faithfully execute the law as required by the Constitution.  It was Obama's order that was arbitrary and capricious.  It was an executive order that can be rescinded by a subsequent President.

What these left wing judges are doing is making it harder to get immigration reform passed by Congress to deal with the problem but bitterly clinging to an unlawful executive order.


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