By Scott Tibbs, January 24, 2018
So-called "judge" William Alsup should be impeached. His so-called "ruling" on President Trump's action on the Deferred Action for Childhood Arrivals (DACA) program was judicial activism in the extreme. It is long past time to start holding renegade so-called "judges" accountable for abusing their authority to write legislation from the bench. We must overthrow the judicial oligarchy.
Let's back up a little bit. President Obama created DACA administratively. Obama bragged he had "a pen and a phone" and could take action by himself without need of legislation from Congress. The problem is that if you live by the executive order, your policy can easily be reversed by the next President. (Unless a renegade "judge" abuses his authority, apparently.)
Of course President Trump has the authority to issue his own executive order repealing an executive order by the last President. If Obama had the authority to create DACA in the first place, Trump has the authority to end it. If Obama did not have that authority (he did not) then Trump is legally and morally obligated to end it and restore the rule of law, the judicial activism of renegade so-called "judges" aside.
Now, legality aside, what about DACA itself? Provided it is limited and clearly defined, it is a good policy that should be passed into law by Congress. Imagine this scenario: A twenty year old was brought across the border illegally by her parents eighteen years aho. She grew up in these United States, attended our schools, and speaks English fluently. Maybe she does not even know how to speak Spanish. Culturally, she is an American. It makes no sense to deport her. It does make sense to give her a legal status so she is not in limbo.
Obviously, the program has to be limited and well-defined. Someone who arrived here at two years old and is now twenty is not the same as someone who arrived here at seventeen years old and is now twenty. That is the concern a lot of conservatives have with DACA, and it is a reasonable concern. But provided the law is carefully written, interpreted well and enforced properly, this is a smart policy that also happens to be compassionate. Passing it through Congress also happens to be the legal and constitutional way to do it.
It is time to get it done.