Yes, but “Should be” isn’t the same as “Shall be”, is it.
FOX:
[…] In closing the brief, the judge wrote that at no point in this ruling, or the previous one, did the court contend that the DHS didn’t have “the statutory or constitutional authority” to end the program.
“Rather, the court simply holds that if DHS wishes to rescind the program – or to take any other action, for that matter – it must give a rational explanation for its decision,” the judge wrote.
“A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do,” the judge wrote. “The court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.”
The DACA program was formed through executive action by former President Barack Obama in 2012 and allowed certain people who came to the U.S. illegally as minors to be protected from immediate deportation. Recipients, widely known as Dreamers, were able to request “consideration of deferred action” for a period of two years, which was subject to renewal.
Individuals were able to request DACA status if they were under the age of 31 by June 15, 2012, came to the U.S. before turning 16 and continuously lived in the country since June 15, 2007.
It did not provide “legal status.” Read the rest here
“Rather, the court simply holds that if DHS wishes to rescind the program – or to take any other action, for that matter – it must give a rational explanation for its decision,”
Um, because POTUS wants to. There, fixed it for you.
^ exactly.
Because it was illegal and unauthorized by congress, and done with Obama’s phone & pen, which is reason enough for it to be ended permanently.
We need to purge some of these commie judges!
Has DACA truly been rescinded? To my knowledge they’re still in the country, loud, proud and protected as ever before.
These crazy judges who delay reasonable, rational and lawful actions until they are appealed all the way to the Supreme Court need to be impeached.
When did holding a seat as a federal judge turn into an “Emperor at Large” position? One dipshit wearing a robe in west bumphuck seems to be able to set policy, revoke policy, halt enforcement of laws all by their lonesome.
No one else in government, barring the Chief Executive has this much power. That position is elected and accountable to the people.
These judges are appointed and accountable to no one.
The Constitution should have been reverently buried long ago. Except that its rotting corpse provides lucrative pickings for lawyers, Judges and social/ideological power seekers.
The unelected judiciary has overstepped its authority by thwarting the legal/constitutional powers of the Presidency and Congress. Checks and balances are non-existent, it’s all about the ever growing power of the Judiciary.
By allowing this miscarriage of judicial encroachment Congress has abdicated its role, duty and responsibility.
We have a judge who thinks they have been made King of the USA. Fire this imbecile!
This case will have to go to SCOTUS where it will be overturned because it was an EO not legislation. Enough of these judges writing laws from the bench.
Does anyone remember voting for this idiot Judge to have executive power under the tenets of the constitution? I didn’t think so!
Texan is correct and Kavanaugh will help nip this nationwide injuctive authority in the bud..in the interim POTUS should follow the Jacksonian model: he has rendered his decision now let him enforce it.
“A conclusory assertion that a prior policy is illegal, accompanied by a hodgepodge of illogical or post hoc policy assertions, simply will not do…”
Why won’t it do? It works for you fed judges every time.
“..DHS…must give a rational explanation for its decision,”
Rational : adjective: 1. based on or in accordance with reason or logic.
synonyms: logical, reasoned, sensible, reasonable, cogent, intelligent, judicious, shrewd, common-sense, common sensical, sound, prudent; down-to-earth, practical.
Well, alrighty then, let’s see: DACA was illegal when started by Obama, and it remains illegal, i.e. Unconstitutional. It wouldn’t be rational to continue implementing the program.
Two of the sworn duties of the president are to defend the US Constitution and to enforce legal laws as written by the legislature and signed into law. That never happened with DACA.
PDJT should tell any judge who rules he should continue to break the law by enforcing an illegal, program started by the previous administration isn’t going to happen on his watch. He was elected to drain the swamp, not elected to feed and encourage the swamp critters.
this is the 5th (fifth) time this Marxist Judge has ruled against Don. He was put on the Bench 12/01 by a far left/progressive President. the same shyster promoting: Mueller, Brennan, Comey, Clapper….. spy Gate “men”. I will not say the dishonorable man’s name!
@mustng66 August 4, 2018 at 11:50 am
> Um, because POTUS wants to.
Then maybe he should sign the paperwork. Promising to sit on your thumb while congress sits on theirs, does not change Obama’s magical hand waving.