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DACA question - jafs3 - 02-14-2018

I have a DACA question - maybe Jess can help with it.

It was implemented by Obama as an administrative priority thing, as I understand it - and from what I've read, constitutional and based on long-standing practices.  Why can't Trump just end it the same way?  Doesn't he have the same right to set administrative priorities as Obama had?


RE: DACA question - Agent99 - 02-14-2018

Trump, unlike Obama, wants to engage congress and reach solutions in a bi-partisan fashion.


RE: DACA question - jafs3 - 02-14-2018

Obama wanted that very much - it's too bad that the R made it their mission to oppose him.

And he did in fact stop the program on his own - my question was a legal one.


RE: DACA question - BornAgainAmerican - 02-14-2018

(02-14-2018, 10:42 AM)jafs3 Wrote: Obama wanted that very much - it's too bad that the R made it their mission to oppose him.

And he did in fact stop the program on his own - my question was a legal one.

Yeah, bipartisanship 'Bummer's way (fundamental change).


RE: DACA question - Jessamine - 02-14-2018

Sure, he has the ability to undo Obama’s EO which is what he has tried to do, saying Obama’s order was unconstitutional. President’s have pretty broad power where immigration is concerned. However, no court has ruled DACA unconstitutional. 

NY Attorney General filed suit

The lawsuit from Schneiderman and 15 other attorneys general contends the administration’s action discriminates against Mexican immigrants, who account for 78 percent of DACA recipients. Trump since his campaigning days "has flagrantly displayed an anti-Latino, particularly anti-Mexican discriminatory animus," Schneiderman said on MSNBC’s The Rachel Maddow Show.

"This is a massively successful program. There is no good reason to shut it down. There's no legitimate reason to shut it down. No court has held it unconstitutional," Schneiderman said Sept. 6.


The case:
https://ag.ny.gov/sites/default/files/new_york_et_al._v._trump_et_al_-_17cv5228.pdf
[url=https://ag.ny.gov/sites/default/files/new_york_et_al._v._trump_et_al_-_17cv5228.pdf][/url]


RE: DACA question - jafs3 - 02-14-2018

Right.

But can't he just undo it without it having to be unconstitutional?

My understanding was that presidents can do that with executive orders pretty easily. Here's a long list of things Trump has undone like that:

https://www.washingtonpost.com/news/politics/wp/2017/08/24/what-trump-has-undone/?utm_term=.30a5820d5b7e


RE: DACA question - Jessamine - 02-14-2018

(02-14-2018, 11:04 AM)jafs3 Wrote: Right.

But can't he just undo it without it having to be unconstitutional?

My understanding was that presidents can do that with executive orders pretty easily.  Here's a long list of things Trump has undone like that:

https://www.washingtonpost.com/news/politics/wp/2017/08/24/what-trump-has-undone/?utm_term=.30a5820d5b7e

Yes, but the Courts are not allowing him to do that. The Supremes will decide, possibly by Friday, whether they will hear the 9th Cir. Appeal initiated by Trump, who asked that it be expedited.


RE: DACA question - jafs3 - 02-14-2018

Why not?

If presidents have that ability, I don't understand how/why the courts would try to stop him.


RE: DACA question - BornAgainAmerican - 02-14-2018

(02-14-2018, 11:04 AM)jafs3 Wrote: Right.

But can't he just undo it without it having to be unconstitutional?

My understanding was that presidents can do that with executive orders pretty easily.  Here's a long list of things Trump has undone like that:

https://www.washingtonpost.com/news/politics/wp/2017/08/24/what-trump-has-undone/?utm_term=.30a5820d5b7e

The fact of the matter is that 'Bummer's EO expired. Trump got stuck with it after 'Bummer kicked the can down the road.  

https://www.heritage.org/immigration/commentary/daca-unconstitutional-obama-admitted

DACA Is Unconstitutional, as 'Bummer Admitted


RE: DACA question - Jessamine - 02-14-2018

(02-14-2018, 11:10 AM)jafs3 Wrote: Why not?

If presidents have that ability, I don't understand how/why the courts would try to stop him.

Checks and balances