By John McClaughry
The media has excitedly announced that the Trump administration took a beating at the U.S. Supreme Court, in its effort to undo 2012 Obama executive order giving benefits to children who were brought here by their illegal immigrant parents. This is known as Deferred Action for Childhood Arrivals, or DACA.
The court held that the Trump administration didn’t correctly follow the Administrative Procedures Act when it revoked the executive order that Obama issued without complying with the Administrative Procedures Act.
Actually a majority of both parties in Congress would be happy to legalize DACA children, who have lived here almost all of their lives. But the Democrats want to open the immigration gates and legalize DACA, while the Republicans want to tighten immigration and legalize DACA. So they can’t legalize DACA. This is pathetic.
Personally, I’m all for legalizing the DACA children. But what Obama did was clearly illegal. In his dissent, Justice Thomas wrote, “Today the majority makes the mystifying determination that this rescission of DACA was unlawful from its inception. …. So long as the agency’s determination of illegality is sound, our review should be at an end. … The majority erroneously holds that the agency is not only permitted, but required, to continue administering unlawful programs that it inherited from a previous administration.”
I couldn’t agree more. Five justices are telling Trump that he can’t reverse his predecessor’s illegal act. This is utterly ridiculous.
John McClaughry is vice president of the Ethan Allen Institute. Reprinted with permission from the Ethan Allen Institute Blog.