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Tuesday, 12 September 2017 21:34

Byron York: The Democrats' farfetched, laughable, thoroughly ridiculous and possibly successful DACA lawsuit

Written by  Byron York

President Trump's decision to rescind DACA was only hours old when the Democratic attorneys general of 15 states filed a lawsuit to stop him.

The president's move is "cruel, short-sighted, inhumane, and potentially devastating to hundreds of thousands of immigrants and millions of people who work with, study with, love, and care for them," New York Attorney General Eric Schneiderman told a campaign-style rally at the City University of New York's John Jay College of Criminal Justice.

Joining New York in the lawsuit are the attorneys general of Massachusetts, Washington State, Connecticut, Delaware, Hawaii, Illinois, Iowa, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia, plus the District of Columbia. Together, they claim Trump's action is "arbitrary, unconstitutional, and contrary to statute."

There is one glaring, fundamental problem with their argument. The Deferred Action for Childhood Arrivals program is a policy -- not law -- imposed by former President Barack Obama solely on his executive authority. At the time it was imposed, in 2012, Obama conceded that a future president could undo it as easily as Obama imposed it. There were serious questions about whether Obama had the authority to act -- many felt the policy was Congress's to make or not make -- but there is no question about a later president's authority to do away with it.

Read more at The Washington Examiner

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