Judge Rules Against Trump On DACA; What Now?


DACA protesters

Late Tuesday night, a federal judge in California blocked the Trump Administration's plans to end The Deferred Action For Childhood Arrivals program. Judge William Alsup, who ruled against the Trump Administration, said that the administration must continue to receive DACA applications for renewal. While the Trump Administration must continue to renew DACA applications, the ruling does not apply to those who have never received DACA protections.

DACA, which stands for Deferred Action For Childhood Arrivals, is an Obama era order that was instituted in 2012. This order mandated that people who illegally crossed the border as children would be protected by law and were not eligible to be deported. DACA currently protects about 800,000 people, many of which are not children anymore. DACA activists have been pushing for Government amnesty and are hopeful that Congress will create a bill that allows DACA recipients to stay and receive citizenship.

Last September, President Trump made the move to decertify DACA. President Trump then told Congress to pass a bill to protect DACA recipients. He had hoped to negotiate a deal for border security along with DACA. The administration had planned to completely end the program by March of this year but this setback may push that date a little further back.

Currently, Congress is trying to negotiate a deal for DACA. The deal consists of passing some form of protection for the “Dreamers” and in exchange, President Trump will get his wall and chain migration will end. Democrats have been pushing against this deal and rather want what they describe as a “clean” DACA bill with no wall and no end to chain migration.

President Trump tweeted, “It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts” in response to the ruling last night. Also, Press Secretary Sarah Sanders Stated: “An issue of this magnitude must go through the normal legislative process. President Trump is committed to the rule of law, and will work with members of both parties to reach a permanent solution that corrects the unconstitutional actions taken by the last administration.” Secretary Sanders is suggesting that such a large issue must be voted on by Congress, as to not overextend the power of the executive. Also, she explains that President Trump is committed to finding a solution for DACA by negotiating with both parties to strike a deal.

Judge Alsup blocking President Trump’s efforts to decertify DACA is interesting considering that DACA itself is an executive order made by President Obama. This is not the first instance where an executive order by President Trump has been struck down by a district judge. Earlier this year the travel ban was also struck down by a district judge. All of this brings into question whether or not judicial review has gone too far (become a vessel for advocacy), and whether or not judicial review is legislating instead of doing that which it was intended to do.

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