When will these liberal judges ever learn? Their job isn’t to legislate. That’s what Congress is there for. Their job is to interpret the law. And now, a second federal judge, Nicholas Garaufis, a Clinton appointee from New York, has weighed in on whether or not Donald Trump can do away with DACA, and get rid of the “Dreamers”. In short, he got it wrong.
Like his counterpart in San Francisco, who also tried to save DACA, what they both missed is that this “law” isn’t really a law. It’s a policy. It was formed in 2012 by the Obama administration, without the consent of Congress. So, it has the weight and authority of an executive order. And since it’s just an administration’s policy, it can be changed by the next administration. Garaufis agrees with that, saying he understands that, but that the administration needs to give a reason for ending DACA. He feels that Homeland Security’s explanation “fell short”, at least in his mind.
The problem is this. What Garaufis ruled on isn’t a law. It was simply Bobo Obama trying to legislate from the White House, which is illegal and unconstitutional to begin with. And liberal judges like Garaufis have tried for decades to legislate from the bench, which also is illegal and unconstitutional. Oh, they can declare a law unconstitutional, but they cannot legislate from the bench. They don’t have that power. That would make them unelected lawmakers, and we don’t have such a thing in this country. Our Congress is the only group (the President included) that can legislate and create laws.
Policy creation is different. The President certainly has the right to create policies, and he also has the right to tell his various departments (like Homeland Security) how to enforce those policies. He cannot tell those departments (at least legally) to ignore the law. That’s the problem Obama came up against when he told ICE not to deport people. If you’re here illegally, you need to be deported. THAT is the law. But to have an immigration policy that basically says you’re going to protect the kids of the illegals that came here illegally because they didn’t know better, and it was their parents who made that decision for them is actually also illegal because it tells ICE not to deport illegal aliens. Obama was basically told that by the Supreme Court on a 9-0 vote. That was a vote by the way, he ignored. But unless and until Congress actually passes a law and the President signs it, it is just a policy and can be changed at any time.
Look, the simple fact is, this whole DACA thing being “reinstated” is going to the Supreme Court, and they will very easily rule (probably 7-2) that the President has the right to reverse previous administration’s policies and executive orders. The President does not have to give plausable reasons for the decisions, they can just do it. As the previous President said, “That’s why we have elections!”
Carry on world…you’re dismissed!