Amateur Hour in The White House
June 18, 2020 11:51am
Today's DACA ruling by the Supreme Courts was the result of amateur hour in The White House. It was Trump's own fault.
Obama unconstitutionally created DACA via executive action. Trump could have ended it via executive action. But instead, he simply allowed Attorney General Jeff Sessions to order its termination based upon his view that it was unconstitutionally created (which it was, but without the Court affirming that, Sessions could not unilaterally end it).
This decision was based on process not merits. Had Trump openly directed its termination via executive action, the Supreme Court would have certainly upheld it.
Obama's creation of the DACA program was blatantly unconstitutional. Says me? Says President Obama! At a Univision TV town hall meeting in March 2011, President Obama said, "With respect to the notion that I can just suspend deportations through executive order, that's just not the case, because there are laws on the books that Congress has passed... we've got three branches of government. Congress passes the law. The executive branch's job is to enforce and implement those laws. And then the judiciary has to interpret the laws.
"There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President."
But don't take my word for it. See Obama say it for yourself at www.youtube.com/watch?v=TfZ3kaKZoIw
Obama originally sought to implement DACA via the DREAM Act. But when Congress rejected it, he unilaterally imposed it, even though he previously acknowledged that doing so would be unconstitutional.
For the record, I want the DACA DREAMers to stay in the United States. But it must be done legally via an Act of Congress.
The decision is at https://www.supremecourt.gov/opinions/19pdf/18-587_5ifl.pdf
The full story is at https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-against-trump-administration-attempt-to-end-daca-a-win-for-undocumented-immigrants-brought-to-us-as-children/2020/06/18/4f0b6c74-b163-11ea-8758-bfd1d045525a_story.html?fbclid=IwAR0bpVPobeArBhPbSZamKTbUi1JUKBvdqqndMIsITBvZGJSWI8ASXWRnNME