The Bizarre DACA Decision

June 23, 2020

by John McClaughry

The media has excitedly announced that the Trump administration took a beating at the Supreme Court, in its effort to undo  2012  Obama executive order giving  benefits to children who were brought here by their illegal immigrant parents. This is known as Deferred Action for Childhood Arrivals, or DACA. 

Justice Clarence Thomas

The Court held that the Trump administration didn’t correctly follow the Administrative Procedures Act when it revoked the executive order that Obama issued without complying with the Administrative Procedures Act.

Actually a majority of both parties in Congress would be happy to legalize DACA children, who have lived here almost all of their lives. But the Democrats want to open the immigration gates and legalize DACA, while the Republicans want to tighten immigration and legalize DACA. So they can’t legalize DACA.   This is pathetic.

Personally, I’m all for legalizing the DACA children. But what Obama did was clearly illegal. In dissent, Justice Thomas wrote  “Today the majority makes the mystifying determination that this rescission of DACA was unlawful from its inception. …. So long as the agency’s determination of illegality is sound, our review should be at an end. … The majority erroneously holds that the agency is not only permitted, but required, to continue administering unlawful programs that it inherited from a previous administration.”

I couldn’t agree more. Five  Justices are telling Trump that he can’t reverse his predecessor’s illegal act. This is utterly ridiculous.

John McClaughry is vice president of the Ethan Allen Institute

{ 3 comments… read them below or add one }

Robert Fireovid June 26, 2020 at 9:23 pm

I absolutely agree John! Obama illegally created DACA. My son-in-law is a DACA individual; and in spite of the fact that his parents died in the USA when he was young and he married a U.S. citizen, the DNC’s refusal to negotiate reasonably on getting any help to undocumented immigrants who deserve help is mean and immoral! The DNC is more interested in playing political games than doing the right thing.

Reply

Mike June 27, 2020 at 1:00 pm

If the Supreme Court whose role as I understand it is to serve as a referee in disputes regarding the constitutionality of bills passed by congress and signed into law by the president. Getting involved in executive decisions is walking down a slippery slope. Having said that, when one looks a DACA, in and of itself allowing illegals to remain in the US is wrong. Then one pauses and considers those affected. Adults brought here as children who have been educated here, created a happy and productive life for themselves, abide by the laws of the land, become good neighbors, and pay taxes, will be subject to deportation one has to agree that DACA while as an executive order should not be subject to Supreme Court review, is indeed a humane order that Trump should not have recinded.

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John Boucher June 27, 2020 at 2:34 pm

Yes. We should deffinently tighten our boarders. And evaluate our imagration system, if the people of DACA had the right to live here all this time with out incident then it is wrong to take it away. They should be allowed to file for resident visas, or citizenship. Our Congress needs to quit pussy footing around on the subject and find common ground! It’s not the President’s fault, it’s our elected lifers in Congress that haven’t come together on anything in the past 12 years or more.

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