Did you know that President Trump was an authoritarian, abused his power and violated the Constitution?
Nothing Trump did in office was as clearly, obviously and intentionally a direct violation of the Constitution’s limits on Presidential power as what President Barack Obama did in 2012 when he could not get Congress to pass a law allowing so-called “Dreamers” to stay in the United States. He used an Executive Order to establish the Deferred Action for Childhood Arrivals (DACA) program despite saying himself (remember, Obama is supposedly a Constitutional Law scholar) that he didn’t have power to do it.
That was the exact moment when I concluded that Obama was not only a weak and feckless President, but an arrogant and dangerous one.
The 5th Circuit Court of Appeals today affirmed a lower court decision declaring DACA unlawful. The case now goes back to the lower court for review of the Biden administration’s DACA final rule. The three-judge appeals panel decision holds that Obama’s order violated statutory provisions regarding immigration. “The district court’s excellent opinion correctly identified fundamental substantive defects in the program,” Chief Judge Priscilla Richman wrote in the 46-page opinion. “DACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits. Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them.” Obama’s circumvention of the law because he lacked the skill and willingness to bargain to seek his goals legally “contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization,” the opinion says. “In our view, the defendants have not shown that there is a likelihood that they will succeed on the merits.”
Then the Court exercised compassion, which was appropriate, since many beneficiaries of Obama’s unethical move relied on it: “We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption. Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients.”
This episode epitomized the brutal calculus of the current progressives and their party. The ends justify the means; if the Constitution prevents a measure the Left thinks is “right,” then either that document needs to be changed, violated, or ignored. Then the party hopes the illegal measure will last as long as possible, or that an ideologically biased court will concoct a rationalization to uphold it.
“Immigration advocates said the ruling signaled that the only chance for DACA to survive was for Congress to pass a law to protect young immigrants, something it has been unable to do for more than two decades,” sniffed the New York Times. A tragedy: now they’ll have to persuade the public and Congress to pass a law, like they were supposed to do in the first place. Don’t have the votes? Is the public losing patience with millions of illegal aliens crossing a porous border? Better start trying to make laws the old fashioned way, then. You know: democratically, not by edict.
I can think of no better example of how the Democratic Party has engaged in gaslighting the public, screaming about Republicans being threats to Democracy by showing repeatedly that the process only has its favor when and if it follows the progressive agenda.
Ethics Alarms 
Gee, thank you 5th circuit for stating the obvious. Reminds me of the confirmation, that PA did indeed violate their own elections laws for the 2020 election. I appreciate the 5th circuit’s compassion as well. It’ll mess up the stability if we start following the laws. Harry Reid is smiling in his grave, “It worked, didn’t it?” Remember kids, laws are optional for the right type of people, and the wrong type of people need to make sure all the i’s are dotted and t’s are crossed, or it’s the big house.
I said way back when President Obama started DACA that it was an intentional unconstitutional act and it was illegal; therefore, it was an impeachable offense.
Was I wrong then?
I said when President Biden mandated vaccines last year and recently ordered student loan forgiveness that these were intentional unconstitutional acts and they are illegal; therefore, these are impeachable offenses.
Am I wrong now?
The wheels of justice grind (very, very) slowly…
I’m compassionate too but perhaps those DACA recipients need register as undocumented persons and have a time limit to get their immigration status in order. If they do not, they lose any protections that DACA may have afforded them in the past. They must stop relying on DACA alone to keep them here.
The consequences of Obama’s illegal DACA decision should be punitive and if the DACA recipients are allowed to in effect jump to the head of the line then the only other way to prevent this behavior from happening again is to create a punishment that will negatively affect the political party that violated the law and relied on years of litigation to make it impossible to correct without harm to those who believed it to be legal.
Put a moratorium on all new immigration through southern border until all DACA recipients have had their status legitimized within our existing legal immigration framework. The exception to the moratorium would be for those already working within the immigration framework.
And the fact that this Executive Order is ten years old and it just now being ruled unconstitutional is also unfortunate.
A.M. Golden wrote, “And the fact that this Executive Order is ten years old and it just now being ruled unconstitutional is also unfortunate.”
Unfortunate? No sir! This is completely unacceptable and negligence on the part of our justice system.
This should have been a slam dunk closed case rendering DACA completely inert 10 years ago when that willful criminal in the Oval Office ordered it, but nooooooo, there’s been ongoing obstruction from the political left to prevent/delay a ruling on this unconstitutional and illegal act for 10 fucking years. There needs to be some way to hold these criminal conspirators accountable for obstructing justice for 10 years and I don’t give a damn if they’re politicians or not.
They knew that DACA was unconstitutional therefore it’s criminal that an unconstitutional illegal act was allowed to go into effect before it could be ruled unconstitutional. The Democrats are intentionally taking advantage of a loophole created by a slow moving justice system and they’re using it to ram through their illegal political actions, they did this same kind of thing in a few states for the 2020 election too where their actions might have actually changed the outcome of the elections but there was nothing anyone could do about it after the votes were in the ballot box. Democrats are pulling this kind of ends justifies the means crap all the time these days and we need to put a sudden stop to their intentional illegal actions. This kind of thing can never, ever be allowed to stretch out like this again.
SLAM THE DOOR ON THIS LOOPHOLE & SLAM IT NOW!!!
Now they’re rationalizing that they have to grandfather the dreamers because they have been covered by this illegal act for 10 years and it might negatively affect them, well that’s bull shit, they should have done what they were supposed to do and become citizens of the United States! Fuck all the rationalizations and deport any dreamers that have not become citizens, period! Also, deport the millions that have illegally entered the USA over the last couple of years under false pretenses.
I’m really, really pissed off about this!!
All the while having ten years to propagandize, too.
A.M. Golden wrote, “All the while having ten years to propagandize, too.”
True dat!
I always found it to be somewhat hypocritical of the “Dreamers,” the beneficiaries of the DACA rule, to proclaim “we only know America” and should not be deported to the nation of their familial origin while waving the flag of their nations of origin.