It has been a year and a half of terrible decisions from the nation’s courts as it pertains to the Trump administration, but none of those rulings hold a candle to the one passed down by the Federal District Court in Washington, D.C. this week. As bad as it was when previous courts ordered the White House to continue extending DACA protection to immigrants already in the program – rulings that already stripped President Trump of his rightful authority as the chief executive – Judge John Bates’ decision to order Trump to continue accepting NEW applications is an outrage without comparison. This ruling essentially makes it a matter of law that Barack Obama, sixteen months after leaving office, retains full authority over the nation’s immigration policy.
Magnanimously, Judge Bates stayed his decision for 90 days in order to give the Department of Homeland Security enough time to “better explain its reasoning for canceling it,” as worded by The New York Times. If they fail to persuade the court by that time, however, DHS “must accept and process new as well as renewal DACA applications.”
Um, how about this reasoning, Judge Bates: DACA is in direct conflict with the current law of the land, which is immigration policy as dictated by the U.S. Congress. How about this reasoning, Judge Bates: The President of the United States has full prosecutorial discretion over which illegal immigrants to deport or ignore. How about this reasoning, Judge Bates: DACA was on the verge of falling to a multi-state lawsuit because it was an unconstitutional power grab of a program in the first place, giving illegal immigrants a legal status that was not President Obama’s to give. How about this reasoning, Judge Bates: If Obama could grant temporary amnesty with his pen and phone, it is a matter of common sense and constitutional law that President Trump can take it away with same.
Any one of those reasons would be enough to convince a judge who is faithful to the law, but that apparently does not describe Judge Bates. His official opinion on the case is a 60-page liberal diatribe against the Trump administration that could have been boiled down to three words: How DARE you? This is a political, partisan ruling that has no place in any courtroom in the land, and Bates should be removed from the bench due to legal malpractice.
In a statement, DOJ spokesman Devin O’Malley said the administration would continue the fight to protect the homeland and preserve the power of the executive branch.
“The Department of Homeland Security acted within its lawful authority in deciding to wind down DACA in an orderly manner,” O’Malley said. “Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. The Justice Department will continue to vigorously defend this position, and looks forward to vindicating its position in further litigation.”
This requires the immediate attention of the Supreme Court, because we are right now living through an era where judges think they can reverse executive policy simply because they don’t “like” that policy. That ain’t the way it works. It’s time to restore constitutional order.
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