(National Sentinel) The Good Fight: We have stated before that President Obama’s executive order creating the Deferred Action on Childhood Arrivals (DACA) program was an unconstitutional act because it fundamentally altered existing U.S. law, something presidents cannot do.
Only Congress can pass legislation; presidents can either sign them into law or veto them. But presidents cannot create them out of whole cloth.
Setting that aside, even if federal courts eventually upheld what Obama did as constitutional, it was only an executive order. That means that a subsequent president — say like POTUS Donald Trump — ought to be able to come along and rescind it if he so chooses…right?
The Left-wing activism Obama imposed on federal courts is so pervasive today that some of them have not only ruled that DACA is ‘legal,’ but that Trump can’t change it.
It’s crazy. But it’s something that AG Jeff Sessions is vowing to take to the highest court in the land.
As Breitbart News reports, Sessions is rejecting a lower federal court’s ruling that the administration must reinstate DACA after POTUS Trump signed an executive order last year calling for the program to end.
“We strongly disagree with the district court’s decision on Friday in the Deferred Action for Childhood Arrivals (DACA) case,” Sessions began. “The executive branch’s authority to simply rescind a policy, established only by a letter from the Secretary of the Department of Homeland Security, is clearly established.”
“The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA,” promised Sessions.
He noted further:
The last administration violated its duty to enforce our immigration laws by directing and implementing a categorical, multipronged non-enforcement immigration policy for a massive group of illegal aliens. This wrongful action left DACA open to the same legal challenges that effectively invalidated another program they established—Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
“DAPA’s implementation was blocked by the U.S. Court of Appeals for the Fifth Circuit and never entered into effect,” Sessions said. “These two policies declared by officials of the previous administration—by policy letters only—had been considered by Congress and rejected.”
“The Trump Administration’s action to withdraw the policy letters simply reestablished the legal policies consistent with the law. Not only did the Trump Administration have the authority to withdraw this guidance letter, it had a duty to do so,” added Sessions, noting further that Obama had originally admitted that only Congress could make such a policy change and that he as president could not do so unilaterally, but then did so anyway.
“We have recently witnessed a number of decisions in which courts have improperly used judicial power to steer, enjoin, modify, and direct executive policy,” Sessions noted further. “This ignores the wisdom of our Founders and transfers policy making questions from the constitutionally empowered and politically accountable branches to the judicial branch.”
“It also improperly undermines this Administration’s ability to protect our nation, its borders, and its citizens,” Sessions concluded, promising to “aggressively defend the executive branch’s lawful authority and duty to ensure a lawful system of immigration for our country.”