A few days ago, Judge John Bates of the U.S. District Court for the District of Columbia issued a decision that was truly shocking.
He ruled not only that President Trump is prohibited from repealing President Obama’s DACA (“Deferred Action for Childhood Arrivals”) executive amnesty for illegal aliens, but also that President Trump must continue to give the amnesty to new illegal aliens in the future.
Although two other judges in San Francisco and New York City had previously issued erroneous decisions in favor of DACA in the past, this one was the first decision in which a judge declared that the DACA program must be extended into the future, regardless of the wishes of the current president.
Judge Bates’s decision was extraordinary. As I have explained in a prior column, the DACA amnesty violates both federal law and the United States Constitution for multiple reasons.
DACA allows virtually any illegal alien up to the age of 31 (as of June 15, 2012, when it was announced) who claims that he entered the United States before the age of 16 to gain “deferred action” and lawful presence in the United States. The alien also becomes eligible for employment authorization. In practice, today illegal aliens up the age of 37 are getting the amnesty. It’s not limited to “children” as the Left loves to imply
The most blatant violation of federal law is found in 8 USC 1225(b)(2). This statute requires that any alien an ICE officer determines to be inadmissible “shall” be placed in removal proceedings. Congress enacted this law in 1996 to stop the “catch and release” policies of the Clinton Administration. But DACA forces ICE agents to break this law. In 2012, in the case of Crane v. Napolitano, I represented ten ICE agents who sued the Obama Administration to stop DACA. Although the Fifth Circuit Court of Appeals eventually ruled that the ICE agents didn’t have standing, the district court in the Northern District of Texas had already held that DACA likely violated the law…
Did the court overstep in their decision to force President Trump to continue offering amnesty to illegals? What should Trump do next? Let us know your thoughts in the comments below.