DOJ spokesman makes the perfect point. DACA is not law it’s Obama’s unilateral unconstitutional order appropriating what is the purview of Congress to do something they expressly rejected. Can’t get much clearer than that. I’d bet money it’s overturned on appeal. But again, why we need more non-activist judges.
Via Daily Caller:
A federal judge in California ordered the Trump administration to maintain the Deferred Action for Childhood Arrivals (DACA) program late Tuesday, an Obama-era amnesty policy that extends legal status to 700,000 illegal aliens who arrived in the U.S. as children.
The ruling could ensures DACA’s security as President Donald Trump attempts to reach an immigration deal with Democratic lawmakers. The program was scheduled to phase out in March.
Judge William Alsup, a Bill Clinton appointee, issued the ruling.
“Tonight’s order doesn’t change the Department of Justice’s position on the facts: DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens,” said Justice Department spokesman Devin O’Malley. “As such, it was an unlawful circumvention of Congress, and was susceptible to the same legal challenges that effectively ended DAPA.”