Early this morning President Trump was busy tweeting about the Deferred Action for Childhood Arrivals (DACA). Trump made a strong point that for those who believe it is unlawful for him to rescind DACA, they need to understand that DACA itself may have been unlawful to implement in the first place by President Obama. In June of 2012 President Obama enacted DACA which allows young people who came to the United States as children to be able to apply for driver’s licenses and work permits. Although it did not provide citizenship, it allowed them to be ‘lawfully present’ without the threat of deportation on a two-year reprieve.

In 2017, Attorney General Jeff Sessions announced the Trump administration would end DACA and that they were looking to Congress to find a replacement program. In June of this year the Supreme Court “agreed to decide whether plans by the Trump administration to end the so-called DACA program for young undocumented immigrants can proceed. The justices announced…they will hear oral arguments on the appeal in its next term, which begins in October.” The ruling is expected to be released in the year of the highly contested 2020 elections.

Advertisement

Today Trump tweeted in a three part tweet:

The Immigration Law Institute’s Christopher Hajac says, ‘The Supreme Court has to look at whether DACA is lawful. What they are looking at now is whether Trump’s recision of DAXA is lawful. Must consider lawfulness of DACA itself. Looks very odd that President Trump doesn’t…

Advertisement

have the discretion to end the program that President Obama began in his discretion. That program was unlawful to begin with. I think it’s very unlikely that the SCOTUS is going to issue an order reinstating what it believes is an unlawful program. DACA is unlawful.’

President Obama never had the legal right to sign DACA, and he indicated so at the time of signing. But in any event, how can he have the right to sign and I don’t have the right to “unsigned.” Totally illegal document which would actually give the President new powers.