On Thursday the Supreme Court ruled against the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program. In a 5-4 decision, Chief Justice John Roberts was the determining vote as he sided with the four liberal members of the Court. Homeland Security Secretary Chad Wolf said the SCOTUS decision was “based on technicalities and not the actual merit of the program.” He added, “what I can tell you is that the DACA program is clearly unlawful.”
The Supreme Court did not necessarily disagree with the Trump administration’s assessment that DACA is unlawful, but rather the order to rescind DACA itself “violated the Administrative Procedure Act (APA), which sets out rulemaking procedure for federal agencies” reported Fox News.
“We do not decide whether DACA or its rescission are sound policies. ‘The wisdom’ of those decisions is ‘none of our concern,’ Roberts wrote in his opinion. “We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.” Specifically, the Department of Homeland Security’s move to eliminate the program was done in an “arbitrary and capricious” manner reports Fox News.
Ironically, the same justification the Trump administration gave that DACA is unconstitutional, is the same reasoning Obama has admitted to many times. PJ Media has uncovered 10 times when Barack Obama’s words were an acknowledgement that DACA is unconstitutional, despite the fact that he praised the supreme court’s ruling. “Eight years ago this week, we protected young people who were raised as part of our American family from deportation. Today, I’m happy for them, their families, and all of us” Obama tweeted.
PJ Media reporter Matt Margolis writes, “I can still remember when Barack Obama was campaigning in 2008, claiming to be the cure to unconstitutional abuses of power he claimed were systemic in the Bush administration.” Yet at a 2010 Cinco de May event Obama said, “comprehensive reform, that’s how we’re going to solve this problem…anybody who tells you it’s going to be easy or that I can wave a magic wand and make it happen hasn’t been paying attention to how this works.” But he did wave his executive power magic wand to make DACA.
“I am president, I am not king. I can’t do these things just by myself. We have a system of government that requires Congress to work with the Executive Branch to make it happen” Obama said in a radio interview with Univision. “If Congress has laws on the books that says that people who are here who are not documented have to be deported, then I can exercise some flexibility in terms of where we deploy our resources…But there’s a limit to the discretion that I can show because I am obliged to execute the law” he added.
During a Univision town hall in 2011, Obama said, “With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed…” He enjoys using Congress as an excuse to not wave his magic wand when he doesn’t want to.
Continue reading examples at PJ Media