District Judge Deals DACA a Crippling Blow: Supports Trump

U.S. District Judge John Bates ruled last Friday that the government will not be constrained to accept new Deferred Action for Childhood Arrivals (DACA) requests.

One of Barack Obama’s most damaging acts during his last term was to implement DACA. Most constitutional experts agree he didn’t have the authority to implement that executive order because it changed existing immigration law. In effect, Obama negated a law enacted by Congress with the stroke of a pen. Since then, President Trump has met resistance from Federal District judges to repeal that order through his own executive action.

In April, Judge Bates ordered a restart of DACA by U.S. Citizenship and Immigration Services (USCIS) no later than August 23. At that time USCIS advised that restarting DACA would cause the agency to examine and process nearly 50,000 new DACA applications rather than focus on legal immigrant and guest worker applications.

The issue of DACA has been batted around the courts for the last year, leading to growing confusion of where the program is headed. Bates wrote in his opinion:

“Because that confusion would only be magnified if the court’s order regarding initial DACA applications were to take effect now and later be reversed on appeal, the court will grant a limited stay of its order and preserve the status quo pending appeal, as plaintiffs themselves suggest.”

Government officials had warned that in addition to the more than 100,000 new DACA applications, 30,000 advance parole requests would result should DACA be completely rebooted.

Along with putting a pause on the program, Bates also ordered a delay of providing special protections for individuals on DACA. A particularly troubling provision this halted is advanced parole that allowed recipients to travel outside the country and then re-enter without penalty. This often led to citizenship.

When Bates ruled last April that the Obama-era program protecting young undocumented immigrants from deportation must stay in place, progressives hailed that decision as a major blow to President Trump.

The ruling, if it had stood, would have required the Department of Homeland Security (DHS) to also accept applications from first-time applicants. Earlier nationwide injunctions had forced the administration to accept renewal applications from current DACA beneficiaries without including new applications.

This decision by Bates comes at a time when several states are debating whether they will completely remove DACA. Texas and six other states are in support of making DACA illegal.

Republican Texas Attorney General, Ken Paxton argues that the implementation of DACA is federal overreach and imposes a financial burden on the states. The Dallas Morning News reported that Paxton said in a prepared statement:

“DACA is unconstitutional because it rewrote federal law over the objections of Congress … DACA represents a dangerous view of executive power, which would allow the president to unilaterally set aside any duly enacted law. It cannot be allowed to stand without doing serious harm to our Constitution. This lawsuit is vital to restoring the rule of law to our immigration system.”

The Mexican American Legal Defense and Education Fund is representing DACA recipients in the Texas case. A number of other immigration advocates say they are planning to ask the Texas courts to dismiss the lawsuit on the grounds that the claim of irreparable damages is “invalid given that the program has stood for more than six years now and that DACA recipients contribute much more than they do harm.”

Though the suit was filed by the state of Texas against the Department of Homeland Security, the Mexican American Legal Defense and Education Fund is representing 22 DACA recipients who were allowed to challenge Homeland back in May shortly after Texas and other states filed the suit.

One of the reasons Bates reversal is so important is because other District Courts have issued injunctions and ordered the government to continue processing renewal applications for months.
Final briefs in the California and New York cases are due in October and attorneys are awaiting a decision from a three-judge panel of the U.S. Court of Appeals for the 9th Circuit. Should the Texas District Court rule DACA unconstitutional next month, that decision will more than likely fast-track the issue to the Supreme Court.

Progressives and the Democratic Party have sought to debunk President Trump’s warnings about unchecked immigration since he was elected. At least for now, one court has stood for reason. An already stressed U.S. Citizenship and Immigration Services cannot operate without reasonable relief.

~ Freedom New Report

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196 Responses

  1. The judge overstepped his power to begin with and I am glad the other judge fixed his error. The bottom line whether you like Trump or not he has the power to stop DACA and it his is unfettered. No one has the power to over turn his decision and unless he himself changes his mind even the court does not have the power to over ride him. This was a political ploy they new full well if Trump did not change his mind then this was a waste of time and our tax dollars. Like I said this was a political ploy to keep this subject in the press the order they put out was a temporary stay and anyone who knows the law knows it meant nothing it changed nothing because like I said they do not have the power to over ride the president. The only thing this did was keep this story in the media and try to play Trump as the mean president. Truth be told Obama himself in his own words warned countries if they sent their children here they would be deported and sent right back. He only changed his mind when his term was up to screw Trump and he also screwed Israel he was without a doubt the worse president we have ever had. That’s another subject though.

    1. All of these talking heads should have run for president. seems we don’t need presidents any longer the stupid partisan judges are suddenly calling the shots where the hell have they been with other presidents where r they on charging the real criminals all Democrats starting with lover boy Obama Clinton John Kerry the podesta group Clinton foundation. The constitution gives No rights to those outside of this countries jurisdiction where the hell are the real constitutionalist?? We should have no illegals period certainly no welfare if any kind to them. Never allow foreigners to ever get elected to Any local state federal positions in our government never allowed them to buy and own property this countries politicians have destroyed the sovereignty of itself and hate Donald trump because he is putting a stop to their global initiative which would turn thus country into third world shitholes like the patterns they are pursuing the politicians should be immediately held for theft mail voter fraud and high crimes and misdemeanor they are the guilty ones not Trump wake up ppl we are willing to spend billions of tax payer funds to support illegals and legal foreigners than to spend a one time 25 billion to build the flipping wall we are the last country on the planet to not have a functioning entry exit system wow. Will we ever learn I don’t think so.

  2. DACA should be ruled illegal and all those here under DACA should be deported to their country of ethnicity or a country of our choice if they can not or will not decide. This should be done in honor of Kate and Mollie and the thousands of others who have died at the hands of illegals or invaders.

    1. No more daca . It’s not doing United States of America any good but cost tax payers money. And cause death to alot of people and illegals are causing alot of issues. Stealing from the system. What about taking DACA off the book make it illegal and force all daca to leave u.s. what about vets who have given there life to protect the country . They are number 1 with Trump not daca.

  3. Stop allowing the news to be put out there. Some will always protect the truth from moving forward…….and THIS OFFENDS ME! So what do you do now? This is a huge subject and must be allowed to be shared……like it or not, this is huge judicial news! Everyone needs to get this info out and must not let FREEDOM NEWS dictate to us on the happening in OUR COUNTRY! How dare they have the word “FREEDOM” in their name……they either allow all published news to be shared or everyone delete them!

  4. After attempting to read and understand this supposed “new” ruling on DACA, my eyes have crossed and my head is spinning. Can anyone, in plain English Language interpret this new ruling and tell me exactly where I can read that the DACA privileges have been rescinded so that nobody comes into this country without flowing the already established law we have on the books for those that wish to become Americans. Yes, I mean BECOME AMERICANS. No more ‘African Americans, Chinese Americans, Muslim Americans, British Americans or even North Pole Americans. That’s right. If Santa wants to use his elves to bring in all the children’s presents on Christmas Eve, then he needs to apply for temporary travel/work visa’s for his helpers. Might want to include those sneaky Reindeer as well. With that said, I will return to my point that we need to only allow people into America that want to come here in order to make a contribution to America and OUR established way of life. We presently have so many different ethnicities living amongst us, each with the desire to change our culture to imitate their culture, that it seems that our American culture has to be sacrificed to keep peace among us. That is unfair to Americans since the other countries do not reciprocate by allowing us to move into their countries and change their culture. We must assimilate to their Laws, dress, religious practices, and language as well as their work and education opportunities and I am not certain if we can ever obtain legal citizenship. Unfortunately for Americans, many of our politicians, primarily the Democrat variety, look at immigrants as an asset for them if they can offer enough freebie benefits that will ensure votes and support for their political careers.

  5. Of course, the MALDEF statement that “DACA recipients contribute much more than they do harm” is absurd. Let’s first consider the adult and nearly adult gang members who have been admitted under DACA “contribute” only violence and mayhem. Then let’s consider the supposedly legitimate DACA recipients who are minors sucking up resources from American citizens and local taxpayers to which they are NOT entitled. How is either of these groups “contributing” a damned thing?

    1. Not to mention bleeding the welfare system with fake ids to get food stamps. Oh and collect money. What about all these food carts along the area with no actual business license selling food and not paying taxes. I know of a company right now that has illegals working and not allowing us workers to have a job. It’s not right. Sheriff Joe needs to be in office as the us. Senate to clean up arizona andake America great again . Demand all foreigners attempt to find work and not sit on there ass and so shit and bleed out welfare. Or go back to your country and fix it. We have out own issues.

  6. If the count is 12 or more million illegals in our country the it is time to round them all up and deport them all which is going to cost us a fortune but it will save us so much more when they are gone!!! The only reason we have this mess is because of these Democrats for the immigration laws that Trump brought forward the Democrats kept obstructing the passing of the laws even though the citizens of our country want these laws put in place!!! We can not afford to let these Democrats win back the Congress or Senate for it is plain to see that the Democrats want to take control of our country and make our country a socialist country and rid us of our constitution for any party that insists on open borders, and wanting to get rid of our ICE agents and condones riots and harm to conservitavies and that wants to shut down free speech is not for America at all, and any American that wants to have the government control your lives is not an American at all for this has come down to a war either we stay a Republic or we become a socialist country with the government tell you how to live, how to think, how to talk, and how to dress and if Americans can’t see this then we really are doomed as a nation!!! How we all vote these midterms is going to be far more important then we all think!!!!

    1. It’s about time we see one judge with respect to the above laws and CONSTITUTION. They should make a new law, any ILLEGAL ALIEN’S caught waving a flag of their former country and disrespectful to the American flag should be IMMEDIATELY DEPORTED!

    2. It wouldn’t actually cost that much. Round them all up. Hold them all in a compound in the city they are in. Load them on a train. Stop in every city from Maine to the border. Dump those sorry criminals that knew they were breaking our laws when they came across.

  7. Why is it that so many Americans look to the Courts for answers when the answers are as plain as the nose on their face? Both the Supreme Court and lower courts are like a crap shoot when it comes to true justice. Instead of using the law, they push their own ideas and evil intentions. Instead of protecting American’s lives, the high court has caused the death of over 61 million babies through abortion, legalizing the murder of the unborn by their evil actions and making most Americans party to their murder as Congress has continuously funded Planned Parenthood’s operation since ’72.

    The same Court removed prayer and Bible reading, a practice since before the nation was formed using Jefferson’s words taken out of context and not the Constitution or 160 years of legal precedence. I am thankful for this one judge who has stood for the law and Constitution, but shall our nation’s direction hinge on a fickle court which has been intent on destroying our Christian heritage and legalizing every evil practice as some hidden right?

  8. True the Building of the Wall is expensive, but so is 18 years of supporting children not American. Illegal aliens, food stamps for same as well as free medical and dental. I have relatives who can’t get the same for their American children. The wall is much cheaper to build… Just build the wall, stop crimes by illegal’s, pain and suffering of our citizens.BUILD THE D—N WALL.

  9. Throw them out of the country or else give the five former Mexican states back to Mexico so that they can deal with their own people . The U.S. infrastructure is being overwhelmed by two many people who do not speak English nor understand our culture and its laws !

  10. As for building the wall. It won’t cost United States if the United States takes all the drug money taken in raids and send it too the contractors who are building the walls. And send all the illegal weed at the boarders send it to marijauana shops to sell back too the medical cardsmokers to then send the money back too the contractors for the wall. Also all walls should be 100 feet deep with steal and titanium and flood all the tunnels . Do a temporary closing of the borders for 3 month.

  11. Donald is a complete pansy when dealing with criminal judges, why those judges who legislate are not charged, detained, tried, and found guilty of violating the law is beyond me and as president tha that is something Donald should have had done.

  12. It’s about time we see one judge with respect to the above laws and CONSTITUTION. They should make a new law, any ILLEGAL ALIEN’S caught waving a flag of their former country and disrespectful to the American flag should be IMMEDIATELY DEPORTED!

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