Ever since the Obama administration, federal judges seem to think they’re the creators of law, rather than the interpreters, and a New York judge just proved as much with a shock ruling against President Trump.
Negotiations for the controversial DACA program – the unconstitutional decree from Barack Obama granting millions of illegals a form of legal status – have begun in Congress, but there’s still several lawsuits against the President for ending the program and forcing Congress to do their jobs. One such lawsuit is in New York, where U.S. District Court Judge Nicholas Garaufis, a Clinton appointee, is overseeing the case.
Apparently Judge Garaufis has either forgotten what constitutional means or he’s ignoring the rule of law, because it’s illegal for the President, any president, to simply declare that people in the country illegally will be given some form of legal status without Congress being involved, yet that’s exactly what Obama did. As President Trump rightly stated, it’s up to the elected lawmakers to create immigration laws, and it’s up to the Executive Branch to enforce them, which is what the Trump administration is trying to do by ending DACA.
But Judge Garaufis doesn’t seem to care.
Fox News reported:
For the second time in as many months, a federal judge has barred the Trump administration from ending the Obama-era DACA program next month.
U.S. District Judge Nicholas Garaufis in New York ruled Tuesday that Attorney General Jeff Sessions had “erred in concluding that DACA is unconstitutional” and granted a preliminary injunction sought by state attorneys general and immigrants who had sued the administration.
The Justice Department had no immediate comment on Garaufis’ ruling.
Isn’t that just lovely?
Meanwhile, last month, U.S. District Judge William Alsup in San Francisco, another Clinton appointee, made a similar ruling on DACA, stating that it must remain in place while litigation is pending.
It’s worth noting that the Supreme Court is considering hearing the President’s appeal on the ruling, and they probably should. The separation of powers were clearly breeched when Obama overstepped his authority to grant de-facto amnesty to millions of illegals, so the Supreme Court needs to sort this out.
Whether or not they will remains to be seen.
As for DACA itself, the President had the following to say:
“We’re asking Congress to support our immigration policy that keeps terrorists, drug dealers, criminals and gang members out of our country. We want them out. We don’t want them in and right now we’re working on DACA, we’re working on immigration bills and we’re making them tough.”
Tough, as they should be. America First, and anyone who doesn’t think America should come first needs to go find the country they believe should.
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