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Illegal Immigration

Trump Justice Department Might Not Defend Obama’s Executive Overreach

Written by Joe Scudder

Obama unilaterally gave amnesty to “Dreamers,” but states are suing and the Trump Justice Department may not defend it.

The Trump Justice Department may not defend the Deferred Action for Childhood Arrivals (DACA) program when the nine states that are suing are heard in court. If they don’t defend it, that would be similar to the Obama Justice Department refusing to defend the Defense of Marriage Act—except DOMA was a real law passed by Congress instead of merely an executive order that Obama gave to usurp the role of Congress.

How’s that phone and pen working out for you now, Democrats?

Lifezette reports, “Immigration Shocker: Trump Administration May Bail on DACA.

Facing the threat of a lawsuit from Texas and eight other states, the Trump administration indicated Wednesday that it may decline to defend DACA in court, a move that would likely result in the end of the program that granted amnesty to illegal immigrants brought to the U.S. when they were children.

Homeland Security Secretary John Kelly went up to Capitol Hill on Wednesday afternoon to address members of the Congressional Hispanic Caucus, telling them, according to reports, that although he personally supports the Deferred Action for Childhood Arrivals (DACA) program, he can’t promise that the administration will defend it if challenged.

Several members of Congress pressured Kelly in the meeting, and he responded by suggesting they work to pass a law.


At issue is the 2012 memorandum signed by President Barack Obama that allowed people brought to the U.S. illegally as children to apply for two-year work permits, and to be granted a reprieve from deportation. Anyone under 30 years of age who came to the U.S. illegally before the age of 16 and before June of 2007 is eligible.

The program was referred to by critics as a blanket amnesty, as it has effectively legalized more than 750,000 people who have been granted DACA status. These people have been able to live and work in the U.S. as though they were legal residents.

Read the entire Lifezette story.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by

About the author

Joe Scudder

Joe Scudder is the "nom de plume" (or "nom de guerre") of a fifty-ish-year-old writer and stroke survivor. He lives in St Louis with his wife and still-at-home children. He has been a freelance writer and occasional political activist since the early nineties. He describes his politics as Tolkienesque.

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