September 26, 2017

Trump Admin Says It Can’t Defend Illegal DACA Amnesty In Court

General John Kelly, the head of the Department of Homeland security has announced that the Trump Administration  will not probably not defend the illegal  DACA amnesty program from pending legal challenges in court.

The Deferred Action for Childhood Arrivals (DACA) amnesty program was established by an executive order in a 2012 memorandum signed by  former President Barack Hussein Obama . It allowed people brought to the U.S. illegally as children to apply for two-year work permits, and to be granted a reprieve from deportation. Anyone under 30 years of age who came to the U.S. illegally before the age of 16 and before June of 2007 was eligible. President Obama also issued a second executive order, DAPA (Deferred Action for Parents of Americans) which applied similar protections for parents of the ‘Dreamers’.

Both programs led to a major surge in illegal migration, including unaccompanied minors. It effectively legalized more than 750,000 people who have been granted DACA status. And that doesn’t count the parents. They may account for over 2 million illegal migrants.  While many people wondered about the reason for the surge in unaccompanied minors ( many of whom actually weren’t minors at all), the answer is obvious.  The minors were encouraged to go first and get accepted under DACA so their parents could come later under DAPA. And then, of course, the entire family cou7ld be brought over because of family unification policies.

DAPA has already been successfully challenged in court, and in June, General Kelly  rescinded the 2014 executive order that created the DAPA program, saying that there was no legal path forward to preserve the program after the successful lawsuit  brought by Texas and nine other states who have been hit with most of the financial cost. The Supreme  Court refused to reverse the lower court in a split decision.

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The reason for General Kelly’s comments in a meeting with the congressional Hispanic Caucus was to prepare them for the fact that both DAPA and DACA were and are illegal and that the successful plaintiffs of the DAPA case are likely to prevail in court in a suit they have planned for DACA .

Last June, Texas Attorney General Ken Paxton, along with nine other state attorneys general, sent a letter to the Trump administration, threatening to sue if the administration did not, by Sept. 5, 2017, rescind  DACA.

“If, by September 5, 2017, the executive branch agrees to rescind the June 15, 2012, DACA memorandum and not to renew or issue any new DACA or Expanded DACA permits in the future, then the plaintiffs that successfully challenged [Deferred Action for Parents of Americans] and Expanded DACA will voluntarily dismiss their lawsuit currently pending in the Southern District of Texas,” he wrote. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”

President Trump is in something of a bind here. Previously, he had signaled his sympathy for the DACA programs, saying he wasn’t going to make ending DACA a priority.

What has forced his hand is the legal action threatened by the nine states attorneys general. And since DACA was and is illegal according to federal law, General Kelly is merely informing them of what’s coming.  And let them know that if they want the laws changed, that’s up to Congress.

The Washington Post reports that one member of Congress who was in the meeting with Kelly on Wednesday, Rep. Luis V. Gutierrez (D-Ill.), was quite upset afterwards, saying, “Jeff Sessions is going to say, ‘Deport them.’ If you’re going to count on Jeff Sessions to save DACA, then DACA is ended.”

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Pobrecito.

I’m sure he wasn’t the only one. Of course Representative Gutierrez, who lack of basic comprehension I’ve remarked on before missed the main point, that DACA is illegal and can’t be defended in court. 

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Gutierrez and his fellow Democrats concern over this is quite revealing. For all the denials of voter fraud, if  the majority of illegal migrants weren’t reliable Democrat voters,especially in Democrat run urban areas, why the angst and insistence on protecting them?  Cubans are Hispanic too, but  Cubans, of course, mostly vote Republican. Yet the only Democrat I recall criticizing President Obama’s rescinding of America’s ‘wet foot, dry foot’ policy that allowed Cubans who had braved that 90 mile journey to freedom to become Americans was Robert Menendez (D-NJ) who is  Cuban.

Apparently such maudlin concern by Rep. Gutierrez and his friends is, shall we say, selective.

Rob Miller

Rob Miller writes for Joshuapundit. His articles have appeared in The Jerusalem Post, The Washington Examiner, American Thinker, The Los Angeles Times, The Atlanta Journal-Constitution, The San Francisco Chronicle, Real Clear Politics, The Times Of Israel, Breitbart.Com and other publications.

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