Thursday, April 26, 2018
Another judge and another opinion about DACA.
The new ruling is being hailed as a great victory for “the dreamers” and a terrible defeat for President Trump.
The AP has an interesting headline: Judge deals big setback to Trump on ‘Dreamers’ program!
This is from the story:
A federal judge ruled that the Trump administration must resume a program that has shielded hundreds of thousands of young immigrants from deportation but gave it 90 days to restate its arguments before his order takes effect.The ruling by U.S. District Judge John D. Bates in Washington, if it survives the 90-day reprieve, would be a new setback for the administration because it would require the administration to accept requests from first-time applicants for the Deferred Action for Childhood Arrivals program. Two nationwide injunctions earlier this year applied only to renewal requests.
Did the judge really deal a setback to Trump?
I don’t think so. After all, the judge’s opinion said the President can’t terminate the program. At the same, the judge put everything on hold for three months so that the Trump administration can come up with a better argument for its actions. After he reads the White House’s justification, he may reinstate the program.
So let me get this straight. What program? A judge, where ever he is, is going to tell the U.S. Congress and president that he will reinstate a program that expired on its own. Can someone brief the judge that DACA expired?
Furthermore, is the judge saying that a program based on an executive order, not a law, can be reinstated? Under this judge’s reasoning, we should eliminate Congress and just govern by executive orders. In other words, let’s dump the U.S. Constitution, let presidents govern by decree, and then the judges will approve or reject them.
Memo to Supreme Court: please take up DACA. We need you!
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