Quote (Black XistenZ @ 5 Aug 2018 13:13)
this is seriously fucked up.
in general: why are sophisticated legal reasons necessary for a president to end a program via executive order which was created by another president via EO?
if Obama has the power to create somethng like DACA via EO, it should be a no-brainer in my eyes that Trump must have the same power to end it with an EO; no questions asked. :wallbash:
To my knowledge, Trump does have that power. Trump's plan was to let the program expire. A federal judge just ordered the program to be restarted. But Trump could also create an entirely new EO that ends the program.
That new EO could be challenged and held up by the courts, but Trump could pull the trigger nonetheless. The problem is Trump doesn't want to end DACA. He wants to use its impending expiration as leverage in budget appropriation talks regarding the wall.
The Democrats are refusing to engage. They are calling Trump's bluff. They know Trump won't write a new EO/memorandum ending DACA. But Trump could do it if he wanted to. The key problem for Trump is that an overwhelming majority of Americans don't want DACA recipients to leave the US.
As far as this particular judge's ruling, I agree that it's shaky. But I believe ordering a program to be restarted vs the power to end the program with a new EO/memorandum are two separate items. I could be wrong on that, but that's my impression.