Rogue CA Judge Finds Trump’s Rule of Law Decision Illegal, Supports Illegal DACA


The Center For American Progress (CAP) Action Fund circulated a memo on Monday calling illegal immigrants brought here at a young age — so-called “Dreamers” — a “critical component of the Democratic Party’s future electoral success,” the Daily Caller reported.

A rogue judge of the left-wing 9th Circuit in California has once again stopped the President illegally based on his tweets and their personal views of his tweets.

On Tuesday, U.S. District Judge William Alsup in San Francisco blocked the administration’s attempt to phase out Deferred Action for Childhood Arrivals, the Obama-era program that protects young undocumented immigrants from deportation.

Trump blasted the decision on Twitter: “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,” he tweeted.

The Ninth US Circuit Court of Appeals, which has blocked several versions of Trump’s travel ban, and is considered a liberal court by some and a rogue, leftist court by others, would hear a potential appeal to Alsup’s decision.

They just do whatever they want in the 9th Circuit. The Constitution has little meaning to them because it’s ALIVE!

In truth and in fact, DACA itself is illegal. That doesn’t mean DACA ‘kids’ aren’t a special case or that we want to deport any or all of the innocent, legitimate DACA, ‘legitimate’ being the operative word here.

DACA protest Columbus Circle (90569)
By Rhododendrites (Own work) [CC BY-SA 4.0 (], via Wikimedia Commons
Almost no one wants to see ALL the DACA deported, especially the legitimate DACA, to not include the MS-13 or adults who lied and said they were DACA, but you would never know it from the media.

Also, the true purpose of DACA is being camouflaged.

The goal of the Democrats and especially CAP, the looney Soros-Podesta Center for American Progress, is to have a permanent Progressive voting majority.

Former Clinton operative Jennifer Palmieri told her allies in a memo to “refuse to offer any votes for Republican spending bills that do not offer a fix for Dreamers and instead appropriate funds to deport them.”

It is both a moral imperative for Democrats and it is key to their Progressive majority.

Democrats once cared about protecting our borders but not now that it is key to their Progressive, one-party Socialist majority.

DACA (Deferred Action for Childhood Arrivals) has lawmakers battling over the terms to be included in a bill to legalize the beneficiaries of Obama’s illegal 2012 amnesty.

DACA isn’t legal because no president has the right to waive immigration law through executive order.  The former president frequently disbanded our constitution for his personal ideology.

House Speaker Paul Ryan called it “blatantly unconstitutional” in 2014 and repeated that in a radio interview.

Ryan clearly stated it is illegal though he is sympathetic to DACA “kids”: “President Obama did not have the legislative authority to do what he did. You can’t as an executive, write law out of thin air. … We’ve made that clear,” Ryan said, although he has at times supported it in sprint as many do.

Children who were legitimately brought here as children and know only this country have a case. Unfortunately, there was no proper vetting.

Judicial Watch found in 2013 that President Obama was abandoning the normal DHS illegal alien background checks to give amnesty to DACA, aka Deferred Action for Childhood Arrivals.

In a series of agency memos beginning in September 14, 2012, field offices were told to expect the National Benefits Center (which collects all DACA applications) to conduct only “lean & lite” background checks on illegal alien applicants.

Barack Obama violated the law when it suited him.

We knew in February 2016, from a report by The Washington Examiner, MS-13 and other violent transnational gangs were using the open borders to recruit young people and colonize new territory.

Clearly, the former president violated the law and President Trump, whether you like him or not, is attempting to bring the U.S. back to the rule of law, not the rule of mindless emotions.

Under the Immigration and Naturalization Act (INA), 8 U.S. Code § 1181, “…no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document, or document of identity and nationality…”

That seems simple enough. Simpler still is the Constitution’s mandate in Article I, Section 8, clause 4 of the Constitution that entrusts the Legislative Branch with the duty to “establish an uniform Rule of Naturalization.” [Source: American Bar Association]

The Congress has also delegated to the president the authority to deny entry of “any class of aliens” he thinks would be “detrimental to the interests of the United States,” in 8 USC § 1182(f)

Unfortunately, we’ve seen federal judges like Robart in Washington State and Watson in Hawaii boldly go where no judge has gone before, exploring strange new worlds of jurisprudence: from conferring constitutional rights on people who’ve never set foot on American soil, to asserting that the presidential power cited above could be nullified by citing Trump’s campaign statements or tweets.

These judges are legislating from the bench, assuming powers not given them by the Constitution.

They, and numerous others, blocked this president’s immigration executive orders banning immigrants from terror-prone countries—most of which also had Muslim-majorities.

Authority over immigration undeniably belongs to the president, but nowhere is the president empowered to – by fiat – allow thousands, even millions of illegal aliens [the correct term] to remain here, in violation of the INA. Perhaps no president has declared and re-declared that fact more often than President Obama. Yet, in 2012 he abruptly discovered that he possessed that power, after all.

Obama directed his DHS secretary to issue a memo in 2012 that children brought to America by illegal alien parents had the right to stay in America if they met certain qualifications. That directive was DACA.

The rationale was that prosecutors can choose not to enforce immigration laws. This is clearly absurd because the Constitution decrees in Article II, Section 3 that the president “shall take care that the laws be faithfully executed.” This is called the “Take Care Clause.”

It’s indisputable that DACA was both illegal and unconstitutional. It openly excused hundreds of thousands of illegals from observing the law—that’s unabashed amnesty. Two years later, he proclaimed a new amnesty of 4 million more illegals called “Deferred Action for Parents of Americans and Lawful Permanent Residents” (DAPA).

There was only perfunctory vetting of DACA. In February 2017, after the arrest of a DACA beneficiary for gang membership, the Department of Homeland Security admitted that at least 1,500 DACA beneficiaries had their eligibility terminated “due to a criminal conviction, gang affiliation, or a criminal conviction related to gang affiliation,” according to The Daily Signal.

Additionally, DACA only excluded individuals for some convictions. Even if a Homeland Security background investigation—which apparently was almost never done—produced substantial evidence that an illegal alien might have committed multiple crimes, the alien would still be eligible for DACA unless Homeland Security referred the violation.

Misdemeanors and some felonies were ignored. Gang affiliations were not checked and the applicants’ social media were not reviewed.

The big lie unfortunately is that the DREAMers were screened — they were not.

Former President Obama promised these DACA students would be fully vetted but that never happened. The DACA “kids”, who are overwhelmingly adults, were never screened. Barack Obama abandoned the background checks to get the 800,000 plus through the process quickly. Mr. Fitton makes the point that we don’t know who is coming and going in our own country yet we are going to pass a new law — rush a new law — to create amnesty for a whole new group of individuals. Then we have the inevitable chain migration because families must be kept together.

Now we have a judge in socialist California declaring that DACA cannot be stopped because of some Trump tweets as if tweets were law.

The judge did allow that the President cannot be forced to screen new DACA, leaving the number at fewer than 900,000. However, if chain migration is not stopped, they will bring in seven times that number. There will also be a problem of enshrining this principle into law.

Check out the costs of legalizing so-called DREAMers because you who work and pay taxes are paying for it in a nation with a serious debt and deficit. It’s far more than the cost of the wall: