Second Judge Rules Against Trump on Illegal Immigration

A second federal judge has ruled against the Trump administration, finding that the U.S. Department of Homeland Security (DHS) cannot end the Obama administration’s 2012 amnesty order Deferred Action for Childhood Arrivals (DACA). U.S. District Court Eastern District of New York Judge Nicholas Garaufis (appointed by Democratic President Bill Clinton) ruled that DHS cannot end DACA until pending litigation on the program has ended.

“Defendants thus must continue processing both initial DACA applications and DACA renewal requests under the same terms and conditions that applied before September 5, 2017, subject to…limitations.”

It is significant to note that Judge Garaufis’ ruling also makes quite clear what the ruling is not:

  • This order does not hold that the rescission of DACA was unlawful.
  • This order does not hold that Defendants may not rescind the DACA program.
  • This order does not require Defendants to grant and particular DACA applications or renewal requests.
  • This order does not prevent Defendants’ from revoking individual DACA recipients’ deferred action or work authorization.
  • Contrary to what some in the mainstream media would have us believe, the court has not found that President Trump does not have the right to end DACA; rather it cannot be ended while it is still being litigated. In the body of the ruling, we read, “The question before the court is thus not whether Defendants could end the DACA program, but whether they offered legally adequate reasons for doing so.”

    Claims of judicial activism have begun again.

    President Barack Obama unveiled the DACA program in 2012; Janet Napolitano (DHS secretary at the time) presented the criteria that would grant ‘temporary relief from deportation’ for 800,000 illegal aliens. In 2015, Obama introduced a much larger program, Deferred Action for Parents of Americans (or DAPA), which would grant indefinite legal status to four million illegal aliens. Several dozen states immediately sued the Obama administration charging that DAPA was illegal unless Congress passed a law.

    The U.S. Court of Appeals for the Fifth Circuit agreed, finding DAPA illegal. The Supreme Court tied 4-4 on the issue after Justice Scalia died.

    When President Trump took office, Attorney General Jeff Sessions issued the legal opinion that the same reasons that the federal courts struck down DAPA meant that DACA was also illegal. Several lawsuits were immediately filed in California against the Trump administration arguing that even though Obama had created DACA by executive fiat, President Trump’s decision to end DACA the same way was illegal. San Francisco based U.S. District Court Judge William Alsup (also a Clinton appointee) agreed, and found on January 9, 2018 that A.G. Sessions acted according to a ‘flawed legal premise’ that Obama did not have the authority to implement DACA status to illegal aliens. Alsup ordered that DACA be reinstated.

    As a result, DACA recipients who did not renew their status by last year’s deadline will have a chance to submit renewal applications. (This decision does not allow for new application submissions.) Claims of Judicial activism arose. Fast forward to the ‘Schumer Shutdown’, that 69-hour period where the Democrats demanded a deal on DACA, turning their backs on countless military families until moderates in their own party realized they were being (rightfully) blamed for the shutdown and urged Schumer to vote to re-open the government. In turn, Senate Majority Leader Mitch McConnell promised a vote on DACA.

    Senator Chuck Schumer attempted to identify the deal as the best they could get while Dems are not in power, but many illegal immigrant activists groups considered Schumer’s ‘ cave-in’ a betrayal. Some threatened repercussions at mid-term elections. President Trump has offered to support a pathway to citizenship for 1.8 million DACA recipients (many more than the 800,000 proposed) but asks for $25 billion for a border wall, the end to the lottery program and chain migration.

    The president’s message to dreamers fearful of a March 5 deportation? “Tell them not to worry.”

    ~ Conservative Zone


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    56 responses to “Second Judge Rules Against Trump on Illegal Immigration”

    1. The original order made by Obama was by his own admission both illegal and limiting. Now we have some robed jackass attempting to compete in the great school of Trump bashing. Thank God most of us we never have to sit in front of this jackass. He has clearly demonstrated his inability to form logical well thought out constructs.

      • AMERICA FIRST
        No DACA, not now, not ever! Apparently many, if not all of these so called dreamers weren’t raised to respect any form of authority as they show by demonstrating in the streets like heathens, demanding that America bow to their demands! Those that aren’t demonstrating aren’t speaking out and telling those that do, that this is not the way to get what they want! Anyone that is not part of the solution, is part of the problem!
        DACA has cost American taxpayers more than 80 billion dollars and that is not why we pay taxes just as we don’t pay taxes so the government can give our money to countries around the world, we pay taxes to enhance and rebuild our own country!
        We have over 50,000 bridges in the U.S. that need to be repaired before they collapse like the nearly 40 year old, I-35W Mississippi river bridge did in 2007 in Minnesota, killing 13 people and injuring 145!
        This was an absolute avoidable tragedy that happened because the people that are supposed to be running our country are worrying more about foreigners than America and the American people!
        Thank GOD for President Trump, the only one in the last election that ever said America first! That is the way it should be here and everywhere, every country should put their own country and their own citizens first!
        All illegal alien criminals (Illegal = Criminal) need to be found and deported, starting with the ones freeloading on our welfare system and don’t tell me it can’t be done, saying that is like saying the illegal alien criminals are now running the country and congress is helpless!
        How many of these people were examined for disease?

      • Yes, he should be fired along with the idiots on the 9th circuit. How did we even get to this point? It is absurd that the President can’t end an illegal action. Why don’t they spend more time prosecuting Governor Brown and all the legislators here in California? I as a taxpayer don’t want my money going to supporting illegal immigrants, yet Los Angeles alone spent 1.3 Billion Dollars on welfare payments to illegal immigrants! That’s only one
        city there are plenty more here. The problem we fact is there are too many Socialistic, open borders, One world Orders Democrats here. We need to vote them all out during the next couple of election cycles.

    2. “Attorney General Jeff Sessions issued the legal opinion that the same reasons that the federal courts struck down DAPA meant that DACA was also illegal.” Then, “U.S. District Court Judge William Alsup (also a Clinton appointee) agreed, and found on January 9, 2018 that A.G. Sessions acted according to a ‘flawed legal premise’ that Obama did not have the authority to implement DACA status to illegal aliens.” A typical way of side stepping the original statement, so he can make DACA legal. It makes common sense that if the parents can not come, why let the children in without their parents?

    3. There is no way the SCOTUS should have suffered a 4-4 tie. Obviously, our some of our legislators and judges don’t know the Constitution. That being said, it is no wonder so many stupid laws are passed and decisions handed down.

    4. End DACA, End Chain migration, Build the Wall, End Anchor babies, Make E-Verify mandatory, and enforce our current immigration laws.

      • If Pres. Trump grants AMNESTY to the 1.8 mil. then he loses my VOTE in 2020 !!!!! He campaigned on NO AMNESTY and BUILD THE WALL! Hopefully he wasn’t lying because I’M NOT !!!

    5. Why didn’t these so called Judges block this Muslim Anti American Obama? Answer they were afraid because Obama was Black and he did what ever he wanted to do. President trump is trying to protect the American people but with all these Corrupt Politician’s in DC he is fighting them tooth and nail. it is finally coming out that 99% of the problems President Trump is having to deal with is because Scum bag Muslim and the Dumb-Bo-Crates let Obama DESTROY America. President Trump has the Power to go forward and do what is needed to be done (PROTECT THE “AMERICAN PEOPLE”) God Bless America and President Trump and continue to give him strength to DRAIN THE SWAMP

    6. I am disappointed in Trumps proposal as these DACA recipients are using the system that we pay for. We are paying millions for their health care, welfare and legal costs and they are bringing all their relatives along for the party. So their parents I think should be charged for putting the US in this situation and the DACA people to not have citizenship. That’s like rewarding the bank robber with cash instead of jail. I am also tired of their demands. They are not a citizen so they have no rights.

    7. It is past time for every federal “judge” who oversteps his or her constitutional authority to be impeached, removed from office and if possible disbarred for being constitutionally ignorant or prejudiced. Clearly these so called “judges” are either politically motivated in their “judgments” (which makes them unethical) or they are constitutionally ignorant of the fact that immigration is in the purview of the executive branch (which would reveal them as being legally ignorant).

      • A federal judge can be impeached by the House of Representatives and removed from office if convicted by the Senate, but only if he or she commits an impeachable offense (a crime, ethics violation, incompetence, etc.). Judges can’t be “fired” or impeached for frivolous reasons, like making unpopular decisions.

    8. as I have stated before each state should have an ELLIS island to screen and register ALL
      people from other countries. it saves manpower and lowers health concerns,
      It worked years ago,why not Now (politics,votes)

    9. President has offered a solution for this. It lays out a ten year plan for path to citizenship without deportation with the stipulation that the dreamers begin the process. To stop lottery visa, to implement warranted entry legally into the country, to stop the family portion (bring over every family member) and build a wall. What more do the democrats want. Total amnesty, is what. They try to hold the AMERICAN people hostage to get what they want. Democrats are only interested in telling toy what to be afraid of and who’s to blame for it.

    10. I have said this a hundred times, all JUDGES and any one in D.C. should have a two term, just like the President .

    11. IMPEACH THIS NY PIG AND GET HIM OFF THE BENCH! HE CANNOT LEGISLATE FROM THE BENCH TAKING CONGRESS’S PLACE ON MAKING LEGAL LOWS! HE IS OUT SIDE OF HIS JUDICIAL BOX!

    12. These DACA morons (most of them) have been here for what 10-20 years and they never bothered to get a Green Card????? If they are that stupid or that lazy, send them home.

    13. Time to disregard these infringements as Andrew Jackson once did. Nothing in the Constitution gives the Judicial Branch the right to overrule the other two supposedly co-equal branches. Read it for yourself. This type of judicial review was invented by John Marshall & four other like-minded justices in Marbury vs Madison (1803). This is case law & not constitutional. Thomas Jefferson himself said at the time that this was bad law & the wrong decision. He wrote the Declaration of Independence & should know. The only way to constitutionally change the Constitution is by the Amendment process. Trump should pick one of these overreaches by a lower court judge, choose to ignore it, & throw it back to the high court itself for a more balanced ruling. Otherwise, judicial tyranny continues to win & the will of the majority in our so-called democracy be damned!

    14. Ask the Judge if he ever heard of Separation of Powers Act of the US Constitution which makes his decision a federal felony and unconstitutional

    15. First, the judge is overstepping his authority. Second, DACA was never a legal program. Obama had no authority to create legislation. So how can an illegal program be declared legal and ordered to be continued? And if DADA is to be considered an executive order then President Trump has the Constitutional authority to resend that order. This judge needs to be removed from the bench by Congress for failure to perform on good behavior.

    16. These judges are out of bounds and exceeding their authority. They should be removed from the bench for failure to serve on good behavior. President Trump has the authority to resend DACA! Even so DACA promised a delayed action and now is the time for that action.

    17. This is what Trump should do: When the March 5 deadline passes, he should “abide” by these lower courts decisions and let the DACA stay just as it was. No Congressional law to protect the DACAs. No path to citizenship. And only to the ones who actually are on the rolls. Then they should bring the case the Supreme Court to rule. If the Supremes rule that the DACA Obama did is constitutional, then only the ones already on DACA are eligible and their status is to citizenship is out of the question. Any criminal offense will be a deportable one and they cannot leave the US for any reason (even to visit their parents if they get deported back home). On the other hand, if the Supremes rule that the Obama DACA is unconstitutional, then DACA ends and they immediately become deportable illegal aliens and lose the right to work in the USA. With either decision, Trump is in the clear (since the lower court liberal judges took it out of his hands). It will then force the Congress to do something, depending upon how the Supremes rule. After all, no Dem wants to see them deported, and no DACA wants to live in limbo and never be able to become a citizen. The pressure will be great upon the Dems to get something passed and Trump holds all the cards – border wall, end to chain migration, end of visa lottery. This action by lower court judges is just the very thing that Trump needs, heck he may even had hoped for this outcome.

    18. Sorry to say, BUT we have a LOT of Judges that should and will be taKen out of the court rooms. We call them whores Why? BECAUSE THEY CAN AND HAVE BEEN BOUGHT>> HAD ENOUGH OF THE TRAITORS>>

    19. TIME TO TELL THESE FRIGGING JUDGES TO GO TO HELL IN INTERFERING IN THE TOTAL SAFETY OF THIS COUNTRY WHICH THE PRESIDENT HAS THE FINAL SAY UNDER HIS RULES OF CONDUCT FOR THE OFFICE OF THE PRESIDENT! IMPEACH EACH AND EVERY ONE OF THESE UN-AMERICAN DUMBORAT PHONY JUDGES!

    20. Speaking of reforms, the judiciary needs a way to fire and hire competent and incompetent members of this branch of the government. Time to pass some laws like term limits, age limits, performance evaluations and tie rewards and punishments to performances. There needs to be a way to fire judges who try to legislate from the bench. Same applies to elected officials who do not do what they promised to their their constituents.

    21. DACA – Dreamers programs need to be disbanded. the president has already stated that those 1.8M immigrants can go thru the legal programs and become residents

    22. If what obama did an E.O. that was illegal so what is wrong with trump doing an E.O. and reversing it. The whole thing should have been thrown out. Of course a stupid liberal judge is going to oppose anything trump does as liberals are very narrow minded and can’t think outside the box unless it is done by a liberal.
      It should be decided upon by the people since our politicians are too stupid, parties fighting against one another, too busy making money on the side from lobbyist, etc., don’t know much as they don’t show up for work as congress is less than half full when in session; thats why they don’t let tourist take their cameras in. They should make it mandetory that all people should pay $$$ for what they believe in. Like if they think we should support daca, illegals & immigrants, then they should be hightly taxed to pay for supporting them. Why should I pay to support themwhen I don’t wan’t those parasitical people in the USA. They need to put their money where their mouth is and not my tax dollar.

    23. Maybe it’s time to do what Lincoln did during the Civil War and disregard Habeas Corpus and send troops into Courts and arrest these judges with no proof and throw them into jails. This happened throughout Maryland, and probably other border states.

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