You have commented 339 times on Rantburg.

Your Name
Your e-mail (optional)
Website (optional)
My Original Nic        Pic-a-Nic        Sorry. Comments have been closed on this article.
Bold Italic Underline Strike Bullet Blockquote Small Big Link Squish Foto Photo
Submit your comments on this article
Fifth Column
Judge rules against Trump administration on rescinding DACA
2018-01-10
[FoxNews] A federal judge in San Francisco on Tuesday barred the Trump administration from turning back the Obama-era DACA program, which shielded more than 700,000 people from deportation, Reuters reported, citing the judge's ruling.

Trump last year ended the Obama-era Deferred Action for Childhood Arrivals program. He gave Congress until March to find a fix.

Starting in March, young people protected under DACA were to lose their protections under the program.

As I made very clear today, our country needs the security of the Wall on the Southern Border, which must be part of any DACA approval.
‐ Donald J. Trump (@realDonaldTrump) January 10, 2018

Trump said he was willing to be flexible in finding an agreement as Democrats warned that the lives of hundreds of thousands of immigrants hung in the balance.

"I think my positions are going to be what the people in this room come up with," Trump said during a Cabinet Room meeting with a bipartisan group of nearly two dozen lawmakers.

The Reuters report said U.S. District Judge William Alsup ruled that the program must stay intact during litigation.

The Wall Street Journal reported Tuesday that Trump appeared optimistic that Congress could reach a decision on the program.

Trump ended DACA in September. Immigration advocates estimate that more than 100 people a day lose the protected status because they did not renew their permits before the deadline, The Journal reported.

Trump is using border security‐including a border wall-- as a bargaining chip and Democrats want to use their sway on the spending bill to protect immigrants under DACA.

The plaintiffs in the suit included, among others, attorneys general from California, Maine, Maryland, Minnesota and the University of California

Xavier Becerra, California's attorney general, filed a motion seeking the preliminary injunction in November, saying that the move is in violation of the U.S. Constitution and causes "irreparable" harm to DACA recipients.

Becerra said in a statement late Tuesday that the ruling is a "huge step in the right direction."

"America is and has been home to Dreamers who courageously came forward, applied for DACA and did everything the federal government asked of them," he said. "They followed DACA's rules, they succeeded in school, at work and in business, and they have contributed in building a better America."
I can't even...
Posted by:Seeking cure for ignorance

#15  So, what are the mechanisms for dealing with situations when judges exceed their authority?
Something about lampposts, rope and assembly comes to mind.
Posted by: Glenmore   2018-01-10 17:51  

#14  Just disband the 9th and set up about 3 new courts and make all the judges re-apply to be members of the new courts.
No different than layoffs when a company is diced and sliced by others in a non-chapt 11 situation.
Posted by: 3dc   2018-01-10 16:35  

#13  This asshole, Alsup, has been slapped down before:

Five lawsuits were filed in U.S. District Court for Northern California to reinstate DACA, with the lead case brought ironically by none other than Napolitano, who is now the president of the University of California. The cases were assigned to Judge William Alsup, a liberal Clinton-appointed judge who formerly clerked for the Supreme Court and served in the Clinton-era DOJ.

Alsup originally issued extraordinarily broad and invasive discovery orders to force the federal government—even the White House—to disclose a broad range of sensitive documents on DACA discussions, possibly including communications with President Trump that would be protected by executive privilege.

When the U.S. Court of Appeals for the Ninth Circuit in San Francisco did not rein in Alsup, Sessions’ top Supreme Court lawyer, Solicitor General Noel Francisco, went straight to the Supreme Court, which rejected Alsup’s order in a unanimous opinion.

Back in the federal trial court, Alsup’s latest decision rejected DOJ’s motion to dismiss the five lawsuits. Instead, he issued a preliminary injunction against the Trump administration, ordering the Trump administration, “pending final judgment herein or other order, to maintain the DACA program on a nationwide basis on the same terms and conditions that were in effect before the rescission on September 5, 2017.” The San Francisco-based district court further ordered the federal government to begin renewing work permits for DACA recipients.

DOJ can now take these cases back to the Ninth Circuit on an expedited basis, and request a stay of the district court’s reinstatement order while the appeal is ongoing. If the Ninth Circuit declines again to do so, then DOJ can immediately return to the Supreme Court and ask Justice Anthony Kennedy—who has jurisdiction over the Ninth Circuit—to issue a stay that will last until a final decision is rendered in the appeal.
Posted by: Frank G   2018-01-10 12:26  

#12  #5 I meant more in the sense of Rob's reply.
Posted by: g(r)omgoru   2018-01-10 12:09  

#11  The judge also said the lawyers have a strong chance of succeeding at trial.

It's probably safe to assume even the DACA lawyers don't believe that.
Posted by: DepotGuy    2018-01-10 11:18  

#10  They are traitors and should be publically treated as such. Heck, send them to Gitmo and then vanish them into some nice place like Saudi where they can really enjoy their stay.
Posted by: Silentbrick   2018-01-10 10:25  

#9  Another black robed tyrant decreeing what the law should be from the bench.

Long past time to start to treat them as dictators and lawless fucks and act accordingly.
Posted by: DarthVader   2018-01-10 10:14  

#8  On March 24, 1999, Alsup was nominated by President Bill Clinton to a seat on the United States District Court for the Northern District of California vacated by Thelton Henderson.[4] Alsup was confirmed by the United States Senate on July 30, 1999, and received his commission on August 17, 1999.

So, rule of law means little to him
Posted by: Frank G   2018-01-10 09:00  

#7  If we really had a government of checks and balances, a fair handful of judges would be before Congress explaining why they should be allowed to keep their jobs (which is not being a aristocrat sitting for life and ignoring the Constitutional separation of powers).
Posted by: Procopius2k   2018-01-10 08:42  

#6  So a Federal Judge is ordering Trump to break federal law - which is basically what DACA does.
Posted by: CrazyFool   2018-01-10 07:59  

#5  So, what are the mechanisms for dealing with situations when judges exceed their authority?

Appeal it to the Supreme Court. San Francisco is in the 9th Circuit, so odds are good it will be overruled. I’m not sure, but I think this is where the ruling will be posted.
Posted by: trailing wife   2018-01-10 06:58  

#4  Impeachment is a start.
Posted by: Rob Crawford   2018-01-10 06:53  

#3  So, what are the mechanisms for dealing with situations when judges exceed their authority?
Posted by: g(r)omgoru   2018-01-10 04:16  

#2  This is fucking ridiculous - an EO can be nullified by another EO. Judges should be disbarred for blocking this shit and Trump should just ignore these judges until the fight gets to the Supreme Court, just like his predecessor did on many occasions.
Posted by: Raj   2018-01-10 02:44  

#1  Who could have possibly seen this coming ?
Posted by: Besoeker   2018-01-10 02:38  

00:00