Yes, the same arrogant federal district judge who had arbitrarily demanded that President Trump and the Department of Homeland Security begin accepting DACA applications again, has backed off that demand.
The federal judge who had ordered the government to restart the Obama-era deportation amnesty in full has backed off his decision and said the government does not, after all, have to begin accepting brand new applications.
Judge John D. Bates acknowledged the legal mess that’s arisen around the program, called the Deferred Action for Childhood Arrivals (DACA), and said he didn’t want to make it worse, so he issued a partial stay of his own ruling.
How about that! The judge saw the light, or more likely he felt the heat, realizing that his capricious judgment would not only have been overruled, but perhaps would have embarrased him greatly in front of his judicial peers.
One thing that I have learned about judges, even the federal ones with lifetime tenure: they have to be overturned. They do not like developing a reputation in which their decisions are automatically doomed to failure and rejection. It just hurts their pride on so many levels, and these federal judges are full of pride.
That means that while “Dreamers” who already have had DACA protections can apply for renewals, no new applicants can seek to start the process.
So, the Trump Administration will not have to fight the foolish order which would have forced them to accept new applications. What a savings, but they still have to fight to ensure that current DACA recipients can no longer receive those permits.
And it gets better. This arrogant judge had to go back further on his own ruling!
Judge Bates also delayed part of his previous ruling that would have let those who can stay under DACA also 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.
This is incredible. These same recipients have no guarantees of safe re-entry once they leave the country. They should take a one-way ticket back to their countries of origin, along with the parents how uncharitably brought them into the United States against their--and more importantly our--will.
Hundreds of DACA recipients had exploited that loophole under the Obama administration, but the Trump administration had shut it down.
Thank God for President Trump! One rule of law, and full enforcement of the rule of law is needed in this country.
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.
This federal judge is coming up with an excuse which will make him look good while making the Trump Administration look bad. "I am the good guy," the Judge Bates wants to signal to the public, "but because the Trump Administration's citizenship processing facilities and staffing are inadequate, I am going to undo my order."
The truth is that this federal judge, like the series of federal district judges who have waged unjust lawfare against President Trump's proper executive authority, had no right to reinstate an unconstitutional program, one which did not originate in Congress, nor did the program derive from any just powers assigned to the President by Congress.
DACA is a terrible fraud, a blight on modern United States legislative prudence, and something which President Trump had every right to rescind. The President engaged in an incredible series of media, policy, and political maneuvers to get what he wanted--enforcement of our laws--while taking advantage of the media to make himself appear reasonable and compromising on this issue.
The Democrats refused every single offer for amnesty, because President Trump would have received even more essential reforms, like ending chain migration, terminating the dangerous diversity visa lottery, and transferring all necessary funds to building the border wall.
He said he realized immigrants who were in the U.S. illegally were being denied rights he said they were entitled to, but said he feared the confusion that would result.
The confusion has already resulted, your DIS-honor, because of President Obama's lawlessness. President Trump and his staff are doing the right thing to demand full enforcement of our immigration laws and the deportation of all illegal aliens out of our country. He is trying to bring stability to this very confusing, chaotic situation, and you would have made it much worse.
For anyone reading this account, this judge's decision to roll back his own ruling is nothing short of incredible.
“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.
Immigrant-rights advocates, who had originally wanted a full restart, eventually changed their minds and agreed with the split ruling of no new DACA applications, but renewals could be processed.
Here's the problem. Even with all of these half-baked rulings, the injunction against DACA applications will continue. Other federal district courts, with real judges who interpret the law and respect the power of the executive, will continue to challenge this terrible program.
That decision was based on a legal gamble.
DACA cases are pending in three courts right now. Judge Bates‘ case is likely to be appealed to the circuit court in Washington, D.C., while circuit courts are already handling appeals of similar decisions from California and New York.'
The idea is that the appellate courts in these liberal jurisdictions will affirm the lawlessness. What the don't understand, however, is that Trump has continued to reshape the judiciary to respect the United States Constitution rather than progressive ideals.
Each of those lawsuits challenged the Trump administration’s decision last year to phase out DACA. The judges in those cases ruled that the Trump administration cut too many corners, and so the phaseout is illegal.
But another case in Texas involves a challenge to the original 2012 Obama administration decision to create DACA in the first place. If that judge were to rule against DACA it would create a messy situation where the program itself is illegal — but so is the phaseout.
The program is illegal. The program is unconstitutional. DACA must go. No judge has a right to protect any order like this, and the President had every right, every necessity to end this terrible, unlawfull program. Seriously, what is going through some of the federal judges' minds? Did they not graduate from law school? Do they have any legal training whatsoever, or are they a bunch of recently-installed SJWs who came into the legal profession to change the world to their perverted, idealized liking?
The activists in the case before Judge Bates figured that they could undercut the anti-DACA Texas case by agreeing not to allow new DACA permits to be granted.
One federal judge had to stay his own ruling. That almost never happens. In fact, to the best of my knowledge, that has never happened. The idea that these overly powerful judges would realize that they went too far, well that seems so far-fetched as to be unreal.
Yet here we are. This is great news for the rule of law and for the widespread citizenry who tired of the pandering and placating which has been done for illegal aliens, while the expected protections of the rule of law for citizens continue to be ignored.
The DACA program is facing legal challenges from every angle, and more conservative jurists at every level of the federal judiciary are bringing back constitutional governance again. This program is going to die a slow, lingering death, and DACA recipients are going to realize that there is less and less chance of their receiving any kind of amnesty, especially after the 2018 election, in which there is a strong likelihood of more Republicans in the United States Senate, and some reports indicating that the House will stay remain in Republican hands, albeit by a slimmer margin.
DACA is over, and even the federal activist judges realize that they cannot fix it.
This is YUGE VICTORY for our side!
How about we focus on putting American Dreamers first for a change, while we are at it?