US Attorney General Jeff Sessions has vowed that the Trump administration will pursue all “lawful measures”—that is, pursue it to the Supreme Court—to ensure that their plan to end the Deferred Action for Childhood Arrivals (DACA) Obama program will continue after a federal judge ruled against it last week.
U.S. District Judge John Bates ruled on Friday that DACA must restart fully beginning August 23, which means the government would be required to accept new applications from DACA-eligible invaders.
The judge added that he would restore the program in full if Trump officials could not present an adequate reason for ending the program before August 23.
In a statement released yesterday on the Department of Justice website, Sessions said that the judicial branch doesn’t have the rightful authority to block the executive branch from reversing the DACA program.
“”We strongly disagree with the district court’s decision on Friday in the Deferred Action for Childhood Arrivals (DACA) case. The executive branch’s authority to simply rescind a policy, established only by a letter from the Secretary of the Department of Homeland Security, is clearly established.
“The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA,” Sessions said.
“”The last administration violated its duty to enforce our immigration laws by directing and implementing a categorical, multipronged non-enforcement immigration policy for a massive group of illegal aliens.
“This wrongful action left DACA open to the same legal challenges that effectively invalidated another program they established—Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA).
“DAPA’s implementation was blocked by the U.S. Court of Appeals for the Fifth Circuit and never entered into effect. These two policies declared by officials of the previous administration—by policy letters only—had been considered by Congress and rejected.
“”The Trump Administration’s action to withdraw the policy letters simply reestablished the legal policies consistent with the law.
“Not only did the Trump Administration have the authority to withdraw this guidance letter, it had a duty to do so. As former President Obama previously said, the changes they attempted to effect through this policy letter can only be lawfully achieved by congressional action.
“The judicial branch has no power to eviscerate the lawful directives of Congress—nor to enjoin the executive branch from enforcing such mandates,” he continued.
“We have recently witnessed a number of decisions in which courts have improperly used judicial power to steer, enjoin, modify, and direct executive policy. This ignores the wisdom of our Founders and transfers policy making questions from the constitutionally empowered and politically accountable branches to the judicial branch.
“It also improperly undermines this Administration’s ability to protect our nation, its borders, and its citizens.
“The Trump Administration and this Department of Justice will continue to aggressively defend the executive branch’s lawful authority and duty to ensure a lawful system of immigration for our country.”