Federal judge orders Trump to continue DACA

Ian Jeffrey

Council Hall
Mar 2013
78,171
47,966
Vulcan, down the street from Darth Vader
[T]he government ... doesn't have the power to tell a bunch of people --- no matter who they are or how they got here --- that it will not arrest, jail and then deport them if they comply with certain rules and regulations, and then reverse itself for no reason.
The government cannot change its mind (so to speak)?

On a matter such as this, a change in administrations does not justify the abandonment of continuity and equity in public policy.
Actually, since this was an executive order regarding enforcement of existing law, a change in administrations needs no justification to exercise its power to make policy.

"Technically, it's illegal" isn't a sufficient reason to do execute a reversal.
Actually it would be if DACA were illegal (though it has not been found illegal). The executive branch must carry out the law - the president has an affirmative constitutional duty to "take care that the laws be faithfully executed," U.S. Const. art. II, § 3, and he cannot do so if a policy is illegal.
 

Singularity

Moderator
Oct 2009
34,109
29,140
Kansas
DACA is an EO.

It can be ended by an EO.

Eventually the courts will rule this.
It's not that simple. Non-citizens have rights before the court, to be treated fairly and with due process, the same as all human beings. It makes no difference if the government which told them they could stay if they followed the rules was the Obama government, and the Trump government thinks that promise was unwise. Unless the government can show it has just cause to deprive people of previously awarded protections, when those protections are automatically removed in the case of anyone who commits a significant crime or fails to maintain compliance with other criteria, it has no case.

Its policy becomes conceived in intellectual dishonesty --- which federal courts tend to look poorly on --- in that they insist they don't want to deport Dreamers, but insist on removing the deportation protection for Dreamers, as if they had no ability to do anything about that. They do, and they also can prod Congress to action, but the president has publicly ruled that out after he killed all of the deals presented to him. All of that's public record, and will be considered by all future judges.
 

Singularity

Moderator
Oct 2009
34,109
29,140
Kansas
There's never been a more corrupt government in our country in history.
I'd prefer "morally bankrupt." In that, specifically to this issue, the government has heard the plight of some quite pitiable souls who would be, but for the circumstances of their birth, model citizens. And it has just decided that it doesn't care, that it will use whatever loophole or policy gap to get rid of them, because some of its supporters (and possibly the president himself) want them gone for explicitly twisted reasons.

Corruption implies conscious use of public resources for private gain, which is likely to be an element of the Trump administration, but has not yet been proven. Its position on immigration is as plain as day.
 
Jul 2011
36,184
3,425
Tennessee
It's not that simple. Non-citizens have rights before the court, to be treated fairly and with due process, the same as all human beings. It makes no difference if the government which told them they could stay if they followed the rules was the Obama government, and the Trump government thinks that promise was unwise. Unless the government can show it has just cause to deprive people of previously awarded protections, when those protections are automatically removed in the case of anyone who commits a significant crime or fails to maintain compliance with other criteria, it has no case.

Its policy becomes conceived in intellectual dishonesty --- which federal courts tend to look poorly on --- in that they insist they don't want to deport Dreamers, but insist on removing the deportation protection for Dreamers, as if they had no ability to do anything about that. They do, and they also can prod Congress to action, but the president has publicly ruled that out after he killed all of the deals presented to him. All of that's public record, and will be considered by all future judges.
Have Congress pass a law giving them protections.

Just as easy as it was for Obama to sign an EO, Trump can sign one undoing it.
 
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Jul 2014
38,922
33,912
Border Fence
It was an EO that created DACA A decree that made this insanity happen. It is temporary not law.
It's law until Trump can show why it is unlawful or unconstitutional. As soon as Trump can show how INS giving aliens authorization to live and work in the US is unlawful, they he can reverse DACA.

Trump can end DACA today. All he needs to do is ask Congress to write it out of law. Congres...not Trump has the power to end DACA today.

The US Supreme Court has already refused to hear a case by Arizona who refused to issue driver's licences to DACA applicants as unconstitutional.

By the US Supreme Court refusing to hear Arizona's appeal, the SCOTUS affirmed DACA was not only lawful but constitutional.


Supreme Court shuts down Arizona appeal on 'dreamer' driver's licenses

...the U.S. Supreme Court's refusal to hear the state's appeal of a court ruling that blocked Arizona from denying them driver's licenses
https://www.azcentral.com/story/news/politics/immigration/2018/03/20/supreme-court-shuts-down-arizona-appeal-dreamer-drivers-licenses/440456002/
 
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