A federal judge in Maryland has sided with the Trump administration in a lawsuit that would have blocked the Department of Justice’s ability to rescind the Deferred Action for Childhood Arrivals program.
Judge Roger W. Titus ruled late Monday that President Trump was well within his authority when he declared his plan to end an executive memorandum former President Obama signed in 2012. Obama declared that he would direct his Justice Department to defer action on deportation, allowing illegal aliens who were brought to the United States as minors to stay.
Judge Titus, a George W. Bush appointee, agreed that Trump ending the order over a period of six months until Congress could legislatively solve the problem was a rational and done so in an orderly manner.
“This decision took control of a pell-mell situation and provided Congress — the branch of government charged with determining immigration policy — an opportunity to remedy it. Given the reasonable belief that DACA was unlawful, the decision to wind down DACA in an orderly manner was rational,” Judge Titus wrote.
The judge was also not admittedly a fan of the occasional “outbursts” from President Trump, but he stated that they were not relevant to the larger issues that would govern his DACA decision.
“As disheartening or inappropriate as the president’s occasionally disparaging remarks may be, they are not relevant to the larger issues governing the DACA rescission,” Judge Titus statement read.
Unfortunately for the administration, the decision is believed to have little affect on the current status of DACA. The administration originally set a March 5 deadline for the end of DACA. However, the program is still in place on the alleged assumption that a single district court judge can force the President of the United States to continue an illegal executive action.
the DACA Cases and the Relentless and Ongoing Judiciary Overreach
With the injunction from Judge William Alsup of the United States District Court for the Northern District of California, the judge has allegedly been able to de facto render all other district court judges opinions meaningless.
History has shown that even the Supreme Court does not have the power to enforce their rulings if a President is not willing to enforce them.
Unfortunately for conservatives and republicans, President Trump has been allowing one district court judge after another to emasculate him and his administration. This has massively elevated the power of the federal district courts to essentially be of equal power to the President of the United States and also de facto legislators.
If the president does not want to ignore the judge, he could certainly ignore the judge outside their district. Within the district the DACA visa holders would still be protected from deportation, but outside of its boundaries the President would enforce the law while the case runs its way through the court system.
Trump shouldn’t validate a nationwide injunction against him to enforce an illegal order just because some district court judge says he has the power to overrule the President and Congress of the United States.
This article has been updated.