One constitutional attorney maintains that the Trump administration has no choice but to go through the 9th Circuit Court of Appeals in order to get the United States Supreme Court (SCOTUS) to deal with the DACA (Deferred Action for Childhood Arrivals) issue of whether or not to deport illegal alien youth often referred to as “Dreamers.”
President Donald Trump has bemoaned the decision by the Supreme Court to refuse to hear the Trump administration's challenge to a lower court ruling that prevents the him from ending the Obama-era DACA program, which allows illegal aliens who were brought into the country by their parents as children to work and go to school in the United States.
The president had set a March 5 deadline for Congress to come up with a legislative solution for DACA.
Matt Barber – a constitutional attorney and the founder of BarbWire.com – maintains that it is not surprising in the least that SCOTUS refused to intervene in the case.
"It's very rare that the Supreme Court would step in advance of an appeals court to go ahead and rule on a lower court's holding,” Barber asserted. “I can understand why the Trump administration would have gone straight to the Supreme Court – because it's probably just going to be a waste of time to go through the 9th Circuit Court of Appeals, which is extremely liberal – the most overturned court of appeals in the land."
Barber also noted that what the lower court had done could be chalked up as a textbook case of judicial activism.
"First of all, we've got a separation of powers issue here – where the federal court is arrogantly presuming to step in and take over the reins from the executive branch of government,” the legal expert pointed out. “Clearly, this DACA was an unconstitutional overreach by President Barack Obama that circumvented the legislature. And clearly, this court [had] to say that that unconstitutional overreach must stay in place."
Barber believes that the Trump administration has no choice but to appeal through the 9th Circuit, and – if necessary – then appeal to the high court.
Icing ICE or putting heat on illegals?
Meanwhile, the illegal alien issue continues to heat up on the West Coast, as one immigration enforcement activist insists that the leftist mayor of Oakland, California, is actually the one who is making things more difficult for illegal aliens who are seeking sanctuary in her community.
Oakland Mayor Libby Schaaf, who is far-left Democrat, issued a warning that Immigration and Customs Enforcement (ICE) officers could soon be conducting a raid – in order to give illegals a chance to evade the authorities.
"My priority is to keep this community safe,” Schaff declared, according to ImmigrationReform.com. “It is not my wish to panic people, but to ensure that they're prepared with information. I feel confident that my sharing this information – because I did not receive it through normal channels – it is legal, and quite frankly, my ethical obligation."
Ira Mehlman, who serves as a spokesman for the Federation for American Immigration Reform, maintains that Schaff is actually the one who putting illegals in jeopardy."
"ICE has said, ‘If you force us to do this, we are going to step up enforcement within these jurisdictions, and when we find people who are in the country illegally, we are going to carry out the law as we are supposed to,’” Mehlman pointed out. “So, it is essentially the sanctuary policies themselves that are creating these situations."
Mehlman also noted that Alameda County – which includes Oakland – shelled out $1 million for a rapid-response hotline aimed at helping illegal migrants who are swept up in immigration raids.