Six months ago, President Donald Trump stated that he would begin to phase-out DACA protections for illegal immigrants brought into the United States as children. That involved rescinding an executive order put into effect by Barack Obama over six months, putting pressure on the legislature to act or accept the outcome.
Numerous courts handed down injunctions to the President of the United States of America, saying that the DACA policies could not be removed on March 5, 2018, as the President planned until their court cases ended. However, one such case has just ended, and the finding was very favorable to President Donald Trump.
In 2012, Barack Obama, unable to convince Democrats to push immigration legislation as they were suffering intense losses in every election, decided to act on his own. He created DACA, which basically involved registration, but allowed illegal immigrants who met a handful of requirements to be protected from deportation.
No legislation was ever passed; it was an entirely executive branch decision.
Judge Roger W. Titus, who was appointed to his federal judgeship by George W. Bush (who had pushed for amnesty himself during the end of his second term as President), ruled that President Trump acted within his authority when he rescinded (or attempted to rescind) Obama’s DACA policies.
A key quote from Judge Titus’ decision includes is that “given the reasonable belief that DACA was unlawful, the decision to wind down DACA in an orderly manner was rational.”
Further, Judge Titus pointed out, and rightly so, that President Trump’s statements, disparaging or not, concerning illegal immigrants or Mexican immigrants do not undermine his legal right as head of the executive branch to change executive policies.
This removes yet another stumbling block in the way of President Donald Trump removing over 600,000 illegal immigrants from a ‘protected’ status that ensured they could not be deported.
However, a handful such cases still remain pending, and two still have active injunctions against the full repeal of DACA protections.
One case, which is still active in the Ninth Circuit Court of Appeals (commonly known as the Ninth Circus Court of Appeals for its ridiculous rulings and high rate of being overturned upon review), originated in California.
A second active case is occurring in the Eastern District of New York.
Both cases are holding up the full revocation of DACA protections put in place under Barack Obama.
Judge Titus slammed both cases, pointing out that there is no legal basis by which to hold up the implementation of Donald Trump’s DACA Recession memo, and that the Ninth Circuit Court of Appeals and the Federal Court in the Eastern District of New York are pushing their own political beliefs, rather than obeying the rule of law.
Devin O’Malley, a spokesman from the Department of Justice, praised Judge Titus’ decision and praised the acknowledgment that the Department of Homeland Security and Department of Justice are acting correctly in winding down DACA protections in an orderly manner.
Further, Judge Titus praised Donald Trump’s decision to wind down DACA protections over the course of multiple months, rather than abruptly bringing it to an end.
Though illegal immigrants and their activist allies may not be happy to hear it, Judge Titus’ decision is entirely correct.
The power of the President is at its STRONGEST, legally and constitutionally speaking when the President is acting on the executive branch and its policies and procedures.
Barack Obama, in using executive action to set up DACA protections, was setting up a weak protection based on the idea that it would either be codified in law later or that the next President would also be a pro-illegal immigrant Democrat.
Obama’s failure to see the future, and the failure of the legislative branch of the federal government to pass any sort of comprehensive immigration reform and provide some sort of long-term solution for ‘dreamers,’ is not the failing of President Trump.
It’s the failing of a Democrat party that took the easy way out, and that outright refused to bargain with any sort of good faith.
The result? Illegal immigrants brought to the United States as children are closer than ever to losing the protections afforded them by an arguably unlawful executive action.
Soon, the other cases will fall apart as well, more likely than not, or the Supreme Court will make the final decision.