This one is amazing. You have a program that was started under executive order. EO’s are not laws. They are subject to cancellation by any chief executive with the stroke of a pen, or by Congress passing a law and getting the president to sign it (along with a few other methods, Government 101). Especially since there was no long rule making process. Yet, we get this bit of insanity
(LA Times) California on Monday sued the Trump administration, challenging as unconstitutional the president’s plan to rescind a program to protect young immigrants brought to the country illegally from deportation.
The lawsuit comes a week after 15 other states, led by New York and Washington, filed a similar legal challenge.
California Atty. Gen. Xavier Becerra said Monday he decided to file a separate suit because the state and its economy will be especially harmed by the president’s action because it is home to a quarter of the 800,000 people in the Deferred Action for Childhood Arrivals, or DACA, program.
“I think everyone recognizes the scope and breadth of the Trump decision to terminate DACA hits hardest here,†Becerra said after the other states sued.
There’s certainly a lot of discussion as to whether DACA is even lawful, much less Constitutional. It’s a major reach to say that cancelling an EO is un-Constitutional.
Becerra’s lawsuit says the DACA program approved by former President Obama is legal and that its repeal violates due process rights and will hurt the state’s economy.
Again, it matters zero whether Obama signed an EO that is legal, because EOs have always been subject to being turned over by an incoming president. Heck, even the same president can override his own EO. Repeal due process? Due process was wiped out in that prosecutorial discretion was dumped to provide 2 year legal statuses that could be renewed in perpetuity. The Law says the Dreamers are unlawfully present in the United States. Obama made it so none could be deported unless they did something really egregious.
California is welcome to them. They have much lower college graduation rates than the general population. California’s budget is a mess, and low wage workers do not help, especially when paired with good jobs moving out to states with better working laws and lower taxes. Their jails are filled to the brim with illegal aliens. Hey, here’s one of his great Dreamers
AG Becarra should wait to see if Congress does anything, because Trump has a 6 month expiration on the program. This is just self-serving, and will probably get tossed. It does show California’s concern for illegal aliens over actual citizens, though.
Crossed at Right Wing News.
