The judge who had ordered President Donald Trump to restart Obama DACA program amnesty has changed his mind to some degree, saying that the government isn’t required to accept new applications for DACA protection.
Judge John D. Bates said that while people already protected by the program can still apply for renewals he agreed that the government could hold off on accepting new applications and not further confuse the situation until the matter is fully settled.
From the Washington Times:
Judge Bates also delayed part of his previous ruling that would have allowed those with DACA to apply for special protections known as advance parole — permission to travel outside the U.S. and then return — which can, in some cases, turn into a pathway to citizenship.
Hundreds of DACA recipients had exploited that loophole under the Obama administration, but the Trump administration had shut it down.
The government had said that if DACA were completely restarted more than 100,000 new applications would be filed, as well as 30,000 requests for advance parole. That would overwhelm U.S. Citizenship and Immigration Services, the agency that handles the applications, Judge Bates ruled.
The judge said he recognized that illegal aliens were “being denied rights he said they were entitled to” but he didn’t want to create more confusion.
“Because that confusion would only be magnified if the court’s order regarding initial DACA applications were to take effect now and later be reversed on appeal, the court will grant a limited stay of its order and preserve the status quo pending appeal, as plaintiffs themselves suggest,” he said in a short opinion late Friday.
No, they weren’t entitled to a “right to apply,” that’s crazy. Barack Obama created the DACA program in violation of immigration law and contrary to the will of Congress who had rejected such a solution. He himself had previously admitted he didn’t have the legal power to create law but did so anyway. And now the judge wants to enshrine it as a “right” and not allow stopping the illegal program.
Obama himself said it was temporary and given the history of the program, no one could or should have relied on it being a continuing protection.
But now they demand Trump must have a specific “reason” for eliminating it? Are they kidding? How about the fact that it’s unconstitutional? Trump gave Congress the opportunity to correctly, constitutionally save it. They didn’t.
But at least the judge stayed new applications which would then allow even more people to take advantage of the illegal Obama program.
And there are multiple legal cases to be decided not only on Trump ending the program but a Texas case against the program and the illegality of even starting it.
The illegal immigration activists in this case agreed to the idea of no new applications because they thought it would undercut the Texas case.
So if it’s an illegal order from Obama it’s cool, but Trump eliminating the illegality isn’t allowed.