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Attorney General Jeff Sessions: DACA Is Unconstitutional, Being Rescinded

President Donald J. Trump, flanked by New Jersey Gov. Chris Christie and Attorney General Jeff Sessions, holds an opioid and drug abuse listening session at the White House in March 29, 2017. (Photo: Reuters)

Sessions: DACA is 'Inconsistent With the Constitution’s Separation of Powers'

President Donald J. Trump, flanked by New Jersey Gov. Chris Christie and Attorney General Jeff Sessions, holds an opioid and drug abuse listening session at the White House in March 29, 2017. (Photo: Reuters)

President Donald J. Trump, flanked by New Jersey Gov. Chris Christie and Attorney General Jeff Sessions, holds an opioid and drug abuse listening session at the White House in March 29, 2017. (Photo: Reuters)

Attorney General Jeff Sessions announced Tuesday that the Trump Administration will rescind Deferred Action for Childhood Arrivals, or DACA. The deadline for President Donald Trump to decide on DACA was set for September 5 by 10 States demanding an end to what they argue the law views to be illegal executive amnesty.

“I am here today to announce that the program known as DACA that was effectuated under the Obama Administration is being rescinded,” Attorney General Sessions stated at a press conference. “This policy was implemented unilaterally to great controversy and legal concern after Congress rejected legislative proposals to extend similar benefits on numerous occasions to this same group of illegal aliens.”

Despite strong opposition from the public, Mr. Obama moved forward with DACA in 2012 and, in 2014, expanded it with Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). On multiple occasions, the U.S. Congress rejected similiar proposals, prompting Mr. Obama to do what he himself had said more than 20 times he did not have the authority to do.

“In other words, the executive branch, through DACA, deliberately sought to achieve what the legislative branch specifically refused to authorize on multiple occasions,” he added. “Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.”

Attorney General Sessions stressed the importance of the rule of law and stated previous legal precedent ensures DACA would fail to hold up under legal challenge.

“We inherited from our Founders—and have advanced—an unsurpassed legal heritage, which is the foundation of our freedom, safety, and prosperity,” he said. “As the Attorney General, it is my duty to ensure that the laws of the United States are enforced and that the Constitutional order is upheld.”

DAPA was struck down by the Fifth Circuit and that decision was affirmed by the U.S. Supreme Court before the appointment of Justice Neil Gorsuch. The newest appointment to the Court would undoubtedly rule against DACA if given the chance.

“Our collective wisdom is that the policy is vulnerable to the same legal and constitutional challenges that the courts recognized with respect to the DAPA program, which was enjoined on a nationwide basis in a decision affirmed by the Fifth Circuit,” Attorney General Sessions said. “The Fifth Circuit specifically concluded that DACA had not been implemented in a fashion that allowed sufficient discretion, and that DAPA was “foreclosed by Congress’s careful plan.”

“In other words, it was inconsistent with the Constitution’s separation of powers.”

President Trump took to Twitter ahead of the scheduled announcement of his decision and put the onus on Congress to fix the problem. Any solution agreed upon by duly elected lawmakers would hold up to legal scrutiny.

“Congress, get ready to do your job – DACA!” he tweeted.

Written by
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