Judge orders Trump administration to restart DACA program

  We have not heard much about the DACA program lately but as you know Donald Trump issued an Executive Order back in September to end the program and this Executive Order has been challenged in the courts because as we know only Democratic Presidents have the authority to issue Executive Orders…

  All sarcasm aside though, yesterday A judge ordered the Trump administration to restart the DACA program and here is more:

A D.C.-based federal judge on Friday ordered the Trump administration to restart in full the Deferred Action for Childhood Arrivals program.

The decision is the latest legal blow against President Donald Trump’s decision to phase out the Obama-era program, which offers deportation relief to undocumented immigrants brought to the United States as children.

The restart won’t be immediate. U.S. District Judge John Bates said Friday that the order would be delayed until Aug. 23 to allow the government to appeal, but he denied a Justice Department motion to reconsider his earlier decision, saying there were still deficiencies in the administration’s rationale for rescinding DACA.

  That last paragraph is interesting isn’t it? The judge apparently did not rule on whether or not the President had the authority to issue an Executive Order on immigration policy, but rather did not like the explanation for the reasoning behind why the administration ended the policy.

  So now judges are allowed to base their decision on whether or not they believe a law was passed or an Executive Order issued for a reason with which they agree, and if they do not like the the law or the order they can rescind it based on that. This takes judicial activism to a whole new level.

  One thing that has gone fairly unnoticed by many people is the pace at which Donald Trump is remaking the lower courts with his nominees being approved at record pace so hopefully some day in the future we will see less and less of this.

malo periculosam libertatem quam quietum servitium