When President Barack Obama wrote his Deferred Action on Childhood Arrivals (DACA) executive order in 2012, it was a patently unconstitutional act because he was changing federal immigration statutes with the stroke of a pen, like a king.
Of course, our founders rebelled against the authoritarianism of a monarch, King George, and we’ve never been ruled by one since.
Naturally, DACA was challenged in federal court but the cases had yet to be adjudicated completely by the time Donald Trump took office.
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So, believing that since Obama created DACA via executive order, Trump and his administration believed he could end it the same way: Via executive order.
Nope. Not Trump; maybe some other ‘acceptable’ president, but not that real estate billionaire with the rough edges.
Even the Supreme Court agreed that President Trump didn’t have the executive authority to overturn an executive authority. Confused? You should be; and while you’re at it, the next time you see Chief Justice John Roberts, ask him how it’s possible he could support Obama’s unconstitutional authority to issue DACA in the first place, but not Trump’s authority to make it go away.
In any event, the president and his administration aren’t through trying to eliminate the program.
All new applications to the Deferred Action for Childhood Arrivals (DACA) program will be rejected, under a new memo issued July 28 by Acting Homeland Security Secretary Chad Wolf.
DACA is a highly controversial program that shields hundreds of thousands of illegal immigrants who came to the United States as children from deportation. It was created through executive order by then-President Barack Obama in 2012.
“I direct DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA, to reject all pending and future applications for advance parole absent exceptional circumstances, and to shorten DACA renewals consistent with the parameters established in this memorandum,” Wolf wrote.
The policy notes that renewals will be considered on a case-by-case basis and that they’ll only be good for a year instead of the current two-year cycle (Trump must be planning on being around after November).
DACA “presents serious policy concerns that may warrant its full rescission” but fully rescinding the policy “would be a significant administration decision that warrants additional careful consideration,” Wolf added.
And that is likely in the offing. After Roberts’ mind-boggling majority opinion, it’s become clear that the president can’t simply ‘stroke of the pen’ the program into the dustbin of history. And like Wolf’s policy, anything that Trump tries to do with DACA after November will no doubt be challenged again in court.
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But really, DACA needs to go away, yet not for the reason the Left will scream about (bigotry and racism!). It should be dismantled because it was unconstitutional, to begin with.
We can’t allow our system to permit some presidents to write such orders and get away with it while forbidding other presidents from writing orders to undo the improper ones.
It’s no wonder a growing number of Americans no longer have any faith in our governing systems.
