AG Sessions Criticizes Federal Judge for Ordering DACA Restart

AG Sessions criticized Federal Judge John Bates of the D.C. Circuit Court on Monday for ordering the Department of Homeland Security (DHS) to start accepting new applications for the Deferred Action for Childhood Arrivals (DACA) program. The judge delayed the effective date of the decision to August 23rd in order to give the Administration time to appeal his ruling.

Additionally, Sessions said that Bates had effectively “eviscerated” the legal authority of Congress and the executive branch, in making the “improper” ruling, calling it one of a “number of decisions in which courts have improperly used judicial power to steer, enjoin, modify, and direct executive policy.”

Sessions also suggested that the Trump Admin. would most likely appeal the ruling.

“The judicial branch has no power to eviscerate the lawful directives of Congress–nor to enjoin the executive branch from enforcing such mandates,” Sessions said.

“This ignores the wisdom of our Founders and transfers policy making questions from the constitutionally empowered and politically accountable branches to the judicial branch …

“It also improperly undermines this Administration’s ability to protect our nation, its borders, and its citizens. The Trump Administration and this Department of Justice will continue to aggressively defend the executive branch’s lawful authority and duty to ensure a lawful system of immigration for our country.”

Sessions added that Bate’s ruling would not hault or deter the Administration’s efforts to enforce immigration laws.

“The last administration violated its duty to enforce our immigration laws by directing and implementing a categorical, multipronged non-enforcement immigration policy for a massive group of illegal aliens,” Sessions said.

He went on to say that the Administration had “simply reestablished the legal policies consistent with the law,” and suggested that the Justice Department (DOJ) would also appeal the ruling.

“The executive branch’s authority to simply rescind a policy, established only by a letter from the Secretary of the Department of Homeland Security, is clearly established,” he said. “The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.”

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