Judge: Administration Must Restart DACA Program Unless Rescission Justified
By Stephen Dinan - The Washington Times - Tuesday, April 24, 2018
A federal judge delivered another blow to President Trump’s attempt to roll back the Obama-era DACA program, ruling Tuesday that last year’s revocation was illegal and the entire program could have to be restarted.
That goes beyond other judges, who had also ruled the phaseout illegal but had only ordered Homeland Security to accept renewal applications from people who’d already been awarded DACA before. Judge John D. Bates’s ruling would require a full restart, meaning even illegal immigrant “Dreamers” who’d never been approved before would now be able to apply for DACA.
The judge imposed a 90-day delay on his own ruling to give the government a chance to reargue its case, but for now the ruling stands as the most severe blow yet to Mr. Trump’s phaseout.
Judge Bates said the government never gave an adequate justification for revoking DACA, so its decision seemed “arbitrary and capricious” — which makes it illegal under the Administrative Procedures Act.
“The Department’s decision to rescind DACA was predicated primarily on its legal judgment that the program was unlawful. That legal judgment was virtually unexplained, however, and so it cannot support the agency’s decision,” he wrote in his 60-page ruling.
He added: “It was also arbitrary and capricious in its own right, and thus likewise cannot support the agency’s action. For these reasons, DACA’s rescission was unlawful and must be set aside.”
I admit that I'm no expert on legal matters, but I would think that executive orders work both ways. If a president has the authority to order a program like DACA, then another president should have the authority to cancel it. That makes perfect sense to me. I guess it doesn't to Judge Blake.
Evidently Blake is one of those who think illegals have a right to be here. There are some people who believe that the moment a person touches American soil they must have the same rights and privileges that anyone else has. I say horse manure to that.
There should be three levels of rights and privileges in this country. Full rights and privileges are for natural born American citizens ONLY! Naturalized citizens get most, but not all rights and privileges, and legal non-citizens get some rights and privileges. Illegals get nothing except a free ride home.