Moments ago, president Trump tweeted “Federal Judge in Maryland has just ruled that “President Trump has the right to end DACA.” President Obama had 8 years to fix this problem, and didn’t. I am waiting for the Dems, they are running for the hills!”
What he was referring to is that on Monday, a Maryland federal judge gave the Trump administration a win over a lawsuit challenging the DOJ’s ability to rescind the Obama-era Deferred Action for Childhood Arrivals (DACA) program.
Judge Roger W. Titus ruled that Trump had the legal authority to rescind the executive order former President Obama announced in 2012. The order – designed to protect illegal immigrants who were brought to the United States as minors – was rescinded by Trump for a period of six months until Congress could find a more permanent solution.
“This decision took control of a pell-mell situation and provided Congress — the branch of government charged with determining immigration policy — an opportunity to remedy it. Given the reasonable belief that DACA was unlawful, the decision to wind down DACA in an orderly manner was rational,” wrote Judge Titus, adding “As disheartening or inappropriate as the president’s occasionally disparaging remarks may be, they are not relevant to the larger issues governing the DACA rescission. The DACA Rescission Memo is clear as to its purpose and reasoning, and its decision is rationally supported by the administrative record.”
President Trump knocked Democrats over DACA on Monday – tweeting “It’s March 5th and the Democrats are nowhere to be found on DACA. Gave them 6 months, they just don’t care. Where are they? We are ready to make a deal!”
It’s March 5th and the Democrats are nowhere to be found on DACA. Gave them 6 months, they just don’t care. Where are they? We are ready to make a deal!
— Donald J. Trump (@realDonaldTrump) March 5, 2018
The administration had originally set a March 5 deadline for the end of DACA.
Despite the decision being a major win for the Trump campaign, it doesn’t change the current status of DACA – which is still in place due to several injunctions which require the program to remain intact while legal efforts to challenge Trump’s decision to end the program are ongoing.
Current DACA recipients are allowed to apply for renewal while the cases are pending, however no new illegal immigrants who qualify for coverage may apply.
The DOJ approves:
“The Department of Justice has long maintained that DHS acted within its lawful authority in making the discretionary decision to wind down DACA in an orderly manner, and we welcome the good news today that the district court in Maryland strongly agrees,” said DOJ spokesman Devin O’Malley.
The Maryland lawsuit is one of several that pro-DACA advocates have filed following the announcement by Attorney General Jeff Sessions that the program would end in six months.
Two cases — one in the 9th Circuit Court of Appeals in California and another in the Eastern District of New York — have both received preliminary injunctions, which mandated the Department of Homeland Security’s U.S. Citizenship and Immigration Services agency continue to accept renewal applications from 689,000 DACA recipients while the issue is decided by the courts. –Washington Examiner
Judge Titus slammed the judges who have issued injunctions in the other DACA challenges, saying they had chosen to push their own political beliefs as opposed to accepting the administration’s decision.
The DOJ’s O’Malley praised Titus for pointing this out:
“Today’s decision also highlights a serious problem with the disturbing growth in the use of nationwide injunctions, which causes the Maryland court’s correct judgment in favor of the government to be undermined by the over-broad injunctions that have been entered by courts in other states. –Devin O’Malley
Titus also approved of the Trump administration’s strategy to wait six months instead of winding down DACA sooner.