Ninth Circuit Court Clears the Way For Supreme Court to Rule on DACA, Says FAIR
(November 8, 2018, Washington, D.C.) — Not surprisingly, the highly politicized Ninth Circuit Court of Appeals upheld a lower court’s injunction blocking President Trump from ending the Deferred Action for Childhood Arrivals (DACA) program established by President Obama in 2012. The program was established through the issuance of a policy memo, without the consent of the legislative branch. The Ninth Circuit’s ruling should clear the way for expedited consideration of this important constitutional case before the U.S. Supreme Court, says the Federation for American Immigration Reform (FAIR).
“DACA was never anything more than an executive policy adopted by an administration that is no longer in office – and a constitutionally questionable policy at that,” stated Dan Stein, president of FAIR. “Sitting presidents have clear authority to change or terminate policies and programs established by executive actions of their predecessors. Both District Court Judge William Alsup, who issued the injunction in January, and now the Ninth Circuit have blatantly crossed the line between deciding on constitutional matters and making laws.”
Today’s Ninth Circuit decision also allows the Supreme Court to determine the extent to which presidents can assert executive authority to ignore or substantively change statutory laws. President Obama repeatedly stated that he didn’t have the authority to do something like DACA, and then did it. “In implementing DACA, President Obama effectively nullified large portions of the Immigration and Nationality Act. While every president has reasonable discretionary authority over how to implement laws, DACA explicitly declared blanket exemptions for entire classes of immigration lawbreakers. Such rogue assertions of executive authority, to simply ignore laws, constitute a dangerous precedent that could lead our nation further along the pathway of dictatorship in four-year increments, as chief executives claim the power to simply bypass Congress,” Stein continued.
“The Supreme Court now has the opportunity to determine both the authority of a sitting president to make his own policies and the limits of executive discretion. Given the gravity of the matter, the Supreme Court must move this case to the top of their docket,” Stein concluded.
Contact: Matthew Tragesser, 202-328-7004