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De Omnibus Dubitandum - Lux Veritas

Saturday, June 20, 2020

Editorial: In DACA ruling, the Roberts court chooses politics over law

Washington Examiner, June 19, 2020
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Chief Justice John Roberts on Thursday threw up yet another obstacle to President Trump’s repeal of an Obama-era executive action. 

It’s not that Trump imposed an illegal or unconstitutional policy in 2017 when he repealed President Barack Obama’s program, known as Deferred Action for Childhood Arrivals. Rather, Roberts and the liberal justices found a cheap technical loophole that places the policy on hold. 

In essence, because an initial memo explaining Trump’s policy was inadequate, a three-year effort to rescind an Obama executive memorandum has been nullified. Good luck, says the Roberts Court — see you back here in another three years! 

Justice Clarence Thomas nailed it in his dissent when he characterized this ruling as a legal evasion. “Today’s decision must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision.”

The issue is that, from a political perspective, no one wants to deport DACA recipients — foreign nationals who were brought to the United States illegally as children. Conservatives don’t want them deported, and neither do liberals. Trump voters don’t want them deported. Trump himself says he doesn’t want them deported. In fact, political danger would befall anyone who proved unwilling to play ball in a legislative compromise on DACA recipients’ fate.

But politics aside, Trump possesses the legal power to undo Obama’s executive actions on immigration. Even if DACA was legal in the first place — and Obama himself expressed doubts about this — Trump was well within his power to revert immigration policy to the status quo ante that had existed through Obama’s first term........To Read More.....

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