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Trump Immigration Tag

The Democrats hope to push through legislation to protect those in the Deferred Action for Childhood Arrivals (DACA) program, but President Donald Trump made it known today that will not happen unless there is funding for a wall and changes to our immigration system.

The U.S. Court of Appeals for the Ninth Circuit has ruled against President Trump's Third Travel Order on virtually the same grounds it blocked a March iteration of the order. A copy of the Opinion (pdf.) is embedded at the bottom of this post.

When Donald Trump announced a phased-out end to Obama's illegal DACA program, which made an executive branch end round around the Constitution and Congress, Trump made clear he wanted Congress to pass legislation dealing with the problem.

It doesn't look like Congress is going to act on Obama's unconstitutional Deferred Action for Childhood Arrivals (DACA) any time soon.  Listless Congressional Democrats, pressured by their base and DACA advocates, are reportedly mulling over attaching it to a budget bill in the hopes that they can pull enough GOP support to squeeze it through. The idea is that such a move will force the hand of Republicans who want to avoid a government shutdown over DACA.  The CBO released a report last Friday that estimated DACA passage would cost American taxpayers $25.9 billion over the next decade.

President Trump has kicked Obama's unconstitutional Deferred Action for Childhood Arrivals (DACA) back to Congress and stated that he will extend his initial six month deadline if Congress fails to act. While there doesn't appear to be much (any?) movement on this in either the House or the Senate, the Congressional Budget Office (CBO) released a report that legalizing Dreamers will cost U. S. taxpayers $25.9 billion over the next 10 years.

We've been covering the on-going DACA saga here at LI; President Trump tossed Obama's unconstitutional Deferred Action for Childhood Arrivals (DACA) back to Congress, initially giving them six months to get a bill to his desk that would enshrine some version of DACA into law. The president later announced that he would grant Congress an extension if they weren't able to get their act together within the original time frame.  Trump, in other words, will gladly sign a DACA bill should one make its way to his desk.

Friday night, the Supreme Court issued an Order (pdf.) staying a lower court ruling requiring the government to turn over thousands of documents related to the termination of DACA. The vote was 5 to 4, with Justice Breyer writing a 10-page dissent joined by Ginsburg, Sotomayor and Kagan.

The full Order and Dissent are embedded at the bottom of this post.

After clearly stating that as president he had no power to change immigration law, then-president Obama went ahead in 2012 with Deferred Action for Childhood Arrivals (DACA).  Obama himself referred to DACA as his "action to change the law," a power vested in the legislature, not the executive. In 2010, Obama told an audience of amnesty proponents that he's "not king" and "can't do these things just by myself."  In 2011, he explained further, "that he couldn't "just bypass Congress and change the (immigration) law myself. ... That's not how a democracy works."  And in 2012, he did it anyway. Then-presidential candidate Trump campaigned on ending DACA, and in September, he announced his decision to end DACA after giving Congress six months to pass it into law.  Passing DACA or some equivalent into law is perfectly within the purview of Congress.

One of the key reasons President Trump won last November was his stance on illegal immigration.  Between the wall and his promise to provide relief to ICE agents whose hands were tied by the Obama administration, the president won a first: an endorsement for a candidate in a presidential election from the ICE agents' union. ICE, like (too) many executive agencies, has been polluted by Obama appointees and loyalists, so the ICE agents in the field are not getting the support they need to meet the president's illegal immigration goals.  Indeed, ICE managers are reportedly making questionable calls like ordering ICE agents not to wear bullet-proof vests because doing so "might offend" illegal aliens. A contingent of ICE agents frustrated by their management have launched the website JIC Report in the hopes of getting the Commander in Chief's attention and letting him know that they are being hobbled by Obama holdovers who flout the president's illegal immigration agenda at every turn.

The District Court in Hawaii recently granted yet another injunction against a Trump Travel Order, in that case Travel Order No. 3. In light of prior Supreme Court stays of similar injunctions, the Hawaii District Court Order was plainly ridiculous. I noted at the time:
I can’t say I’m surprised by the result, considering that the Judge involved here already has ruled against Trump. The problem in this decision, as it was in prior decisions by this and other lower courts, is that the Judge is substituting his evaluation of risk for that of the executive branch.
Even the 9th Circuit seems to think so, as it just issued a Stay (pdf.) of most of the District Court injunction:

Anne Sorock of The Frontier Lab started writing for Legal Insurrection in April 2012 and was a regular contributor for many years. Over time Anne focused more and more of her time at The Frontier Lab, and now writes for us only sporadically. Anne uses "deep values" research rather than polling and superficial surveys. In November 2016, just after Trump's victory, I wrote about how Anne was the first person I'm aware of to predict a Trump victory ... in February 2015, Research Guru saw Trump phenomenon coming before anyone else:

James Carville famously salvaged Bill Clinton's political career by focusing on economic problems people were facing during the 1992 campaign. The term "it's the economy, stupid," attributed to Carville as Clinton's campaign strategist, became the mantra for a generation of Democrat politicians and political strategists:

All the hand-wringing and fear-mongering over Trump's decision to kick DACA (Deferred Action for Childhood Arrivals) to Congress was for naught (as we predicted). Last week, Sen. James Lankford (R-OK) said Trump told him he's willing to give Congress time to find a way to legally codify DACA, the extra-legal program created by President Obama providing temporary work authorization for DREAMers.