Judge orders Trump to resume DACA

People march through downtown Los Angeles supporting amnesty for illegal immigrants living in the United States Saturday, Sept. 2, 2006. The event, called "La Gran Marcha Laboral," was organized by the March 25 Coalition, which put on a massive protest in Los Angeles earlier this year. (AP Photo/Oscar Hidalgo)

A George W. Bush-appointed federal judge on Tuesday ruled that President Trump’s decision to rescind the Deferred Action for Childhood Arrivals program, known as DACA, “was unlawful and must be set aside.”

U.S. District Judge John D. Bates in Washington became the third judge to rule against the White House’s plans to end the program.

Judges William Alsup and Nicholas Garaufis, both Clinton appointees, had each issued injunctions earlier this year preventing the administration from terminating DACA based on its stated rationale that the Obama-era program was an illegal executive overreach.

Bates’ decision does not hold that the Trump administration lacks the authority to rescind DACA. Rather, it holds that the administration’s justification for ending the policy is insufficient under the Administrative Procedure Act, which states that courts “shall . . . hold unlawful and set aside agency action . . . found to be . . . arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

In his ruling, Bates noted a “non-trivial” possibility that the administration would be able to remedy his concerns by providing an alternative rationale. …

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Two DACA recipients arrested on suspicion of human smuggling

A man who was in the United States under the Deferred Action of Childhood Arrivals program, and another man whose DACA protections had expired, were arrested on suspicion of human smuggling in two separate incidents last week, federal officials said Monday.

The DACA program gave unauthorized immigrants who were brought to the U.S. as children two-year renewable permits protecting them from deportation and allowing them to work.

In September, President Donald Trump announced the program would end in March 2018.

The first instance happened on Wednesday near Torrey Pines State Beach.

Border agents were sent to the area after a resident spotted what appeared to be a smuggling incident, federal officials said. Further investigation led agents to a vehicle suspected of being involved, which they pulled over on Interstate 5 near Dairy Mart Road about 12:10 p.m.

Three men were inside: the driver, a 20-year-old DACA recipient whose status had expired, and two Mexican nationals, ages 21 and 22, suspected of being in the country illegally. …

Click here to read the full article from the San Diego Union-Tribune

Homeless Dreamers: DACA, Less than Half of It

Maria Ortiz, at left, a Mexican immigrant has been living in the United States for 23 years. "I am single. I work so hard to stay. I never needed support from the government," Ortiz said. She is not a citizen and works as a janitor, she said during an immigration protest outside Rep. Ed Royce's office in Brea. ///ADDITIONAL INFORMATION: – MINDY SCHAUER, ORANGE COUNTY REGISTER – Shot 111713 – immig.fast.11.19 Advocates for immigration reform will camp our near the office of Rep. Ed Royce for five days, where they will stage a fast. They are asking OC's Republican leaders in Congress to publicly support an overhaul to the nation's immigration laws, including the so-called pathway to citizenship that would create a process for some 11 million people living in the U.S. illegally the right to become citizens.

Poor DACA Dreamers trapped in America without a home to go to through no fault of their own. Google counts 64,000,000 million hits. That’s quite a bit of concern expressed for the “turmoil and fear” caused by Trumps threat to end  Obama’s executive amnesty program of Deferred Action for Childhood Arrival, DACA. That’s a whole bunch of media driven stories to “save the children” some aged 37. The Right talks about anchor babies, the Left, “dreamers.” No surprise Congress and even President Trump are now so sympathetic to the  plight of youngsters (some of whom undoubtedly arrived with puppies). The American Dream is a long reach for the dreamers.

Perhaps a caterwauling Congress will take care of them. Democrats in the Senate threaten at shutting down the government believing the Republicans will as usual get the blame. Whatever the merits, there will likely be a law to replace the Obama executive order claiming to merely delay their departure. Now departure seems out of the question.

But wait a minute there are Americans, may we for a minute call them indigenous, native Americans. They were born in the USA, certainly after Columbus. They are documented, birth certified, social security enumerated, Americans also seeking, you guessed it, the American dream. Through little fault of their own they are trapped in their parents basements, guest rooms and garages. They are the homeless poor, the millennium and adulthood denied poor. Many with college degrees work jobs whose incomes do not afford them to pay rent let alone own their own homes. From birth through 34, there are over 75 million of such folks according to the 2010 census. That’s surely a lot of dreams denied. About 75 times the number of DACA Dreamers facing denial of a newly discovered entitlement.

We know where very many of these dreamers live — California which state leads the nation at the top and at the bottom in housing prices, also homeless ness, poverty, food stamps, welfare, Medicare, utility bills, gasoline prices, bike paths, HOV lanes, bicycling, hiking, surfing, endangered species, teacher salaries, remedial education, public employee salaries and pensions, public sector unions, foreign languages, sanctuary cities, and oh yes, not so coincidentally, government spending, taxes, and regulations.

Yes, some American Dreamers have high paying jobs in Silicon Valley, but live in trailer parks, in their cars or commute 3-5 hours a day to the off-the-coast counties because of housing shortages and high prices. This California dystopia, wishing it was Venezuela, or perhaps Zimbabwe, has driven some of the dreamer parents into poverty and into lower costing and lower taxing states.

Indigenous American dreamers of all colors, ethnicities and genders, are in dire straits through no fault of their own. Elitist NIMBY, environmental and labor regulations have driven several generations of Californians into a no to slow growth economy of stagnant wages and diminishing opportunities. Manufacturing and small businesses disappear, evaporate daily.

California is the future of America. No longer golden, it heavily regulates gold mining and imports sand and gravel as well as immigrants. Welcome to the Golden State where the war on liberty and capitalism extends into the future where a new nation, CALEXIT, may be aborning, where national socialism, very far from God, is envisioned just around the corner.

For the DACAs, either get in line or go to California … Oh, you are already there? Stop whining. You get whatever you ask for in the sanctuary state. Who needs Congress or Trump when you have the California Legislature and Governor Moonbeam 2.0 saving the children as well as the climate of the planet?

Meanwhile among the forgotten middle of America, shutting down the government for the sake of amnesty and a hollow military just may not go down so well.  What if the Democrats get rightful credit for shutting down the government for illegal aliens at the expense of both American dreamers and national security.  One might even look forward to the midterm elections?

Dr. Roger Canfield’s work on California issues, including immigration, goes back to being a Republican nominee for Congress, work in the California legislature, writing a daily column “Under the dome,” supporting Proposition 187 and supporting minuteman assistance to the Border Patrol. A number of California topics can be found at his http:/americong.com 

SoCal Swapping Residents for Aliens at Very Fast Pace

leaving-californiaSouthern California’s population continues to grow slowly, as the area swaps legal residents leaving for legal and illegal aliens arriving.

The combined population of Los Angeles, Orange, Riverside and San Bernardino counties at June 30 was 18.03 million. That amounted to a 12-month population growth of 128,552, or just 0.72 percent, according to the California Department of Finance. That was up from 94,828 in the prior 12-month period.

SoCal’s birth rate dropped from 13.69 per 1,000 residents to a new record low of 12.42 per 1,000 residents, or about 22,356 for the 12-month period. But the death rate increased from 6.26 per 1,000 to 6.71 per 1,000, or 12,078. SoCal’s net population gain was just 10,278.

The big population changes were due to migration. SoCal’s resident population experienced a “net domestic outmigration” of 64,953 for the 12-month period, down from 86,367 for the prior period. About 85 percent of California’s outmigration was concentrated in the middle 20 percent income bracket and the next lower quintile. The Independent Institute Center on Entrepreneurial Innovation found that middle-class outmigration may be explained by California falling to the second-least economically free U.S. state, with a score below that of Mexico.

California’s illegal immigration for the 12-month period was about 96,860, relatively unchanged over the last 5 years. Of the 11.3 million illegal aliens in the U.S., at least  2.35 million live in California. Illegal immigration slowed in the first 9 months of 2017, but accelerated recently with the Trump administration’s negotiations to grant 700,000 Deferred Action for Childhood Arrivals (DACA) recipients (or “Dreamers”) “lawful permanent residency” in exchange for a big border wall.

Giving “Dreamers” legal residency would make another 3.45 million of their relatives eligible for chain family migration. With California hosting 235,000, or 33 percent of “Dreamers,” such a deal would give another 1.15 million aliens family migration rights to immigrate to California, according to the Center for Immigration Studies (CIS). CIS estimates that 460,000, or about twice the number of “Dreamers,” would use chain migration to immigrate legally to California.

SoCal’s legal immigration for the 12-month period was 86,153, up from 81,450. Legal immigration almost doubled during the Obama administration due to expansion of chain family immigration and eliminating distinguished merit requirements to receive H-1B Visas.

California’s rich did not seem to be upset that the state has been swapping middle class working residents for legal and illegal aliens, many of them poor, for almost two decades. As a result, California leads the nation with about 7,946,000 people, or 20 percent, in poverty.

The rich have not seemed to be worried about the loss of the middle class and the expansion of the poor, even as Governor Jerry Brown and New York Gov. Andrew Cuomo have 527 about President Donald Trump’s new tax reforms — with the latter calling the tax plan a “dagger in the heart of New York and California.”

New York and California were the biggest beneficiaries of the nearly $100 billion in state and local tax (SALT) deductions for 2015. But in California, with the highest “per filler” SALT deduction in the nation at just $12,682, the majority of California homeowners will still be big net financial beneficiaries from other positive aspects of the of the Trump tax cut.

But due to a much smaller number of very rich residents owning multi-million-dollar mansions and multiple properties, California has the nation’s largest “per claimant” SALT deduction, at $36,802. That means the very rich Californians that do not outmigrate will be pay an average of $9,916 more in federal taxes.

This article was originally published by Breitbart.com/California

Poll: 70% support Trump’s immigration policies, want Americans hired first

As reported by the Washington Examiner:

Most Americans support President Trump’s immigration reform plans that aim to cut illegal entries and boost the hiring of legal Americans, according to a new survey just being circulated.

Despite charges from Democratic leaders like Sen. Chuck Schumer and Rep. Nancy Pelosi that the “vast majority of Americans” decry Trump’s America First focus, the new survey shows that many of the president’s policies are supported by 70 percent to 80 percent of the public.

And they reject the media’s description that the new White House list of immigration reforms issued Sunday night is “hardline.”

Said a Trump official, “The administration’s immigration priorities represent the mainstream view of the overwhelming majority of Americans.”

Late Sunday, the White House offered a list of demands in return for a deal that would let some 700,000 recipients of the Obama-era Deferred Action for Childhood Arrivals stay in the U.S.  …

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California sues Trump over DACA

As reported by the Sacramento Bee:

California Attorney General Xavier Becerra on Monday formally challenged the Trump administration’s directive to rescind a program protecting unauthorized young immigrants from deportation.

Becerra, joining the states of Minnesota, Maryland and Maine, announced the lawsuit flanked by two “dreamers,” young women who were brought to United States illegally but were allowed to stay here, study and hold jobs after applying for the now-imperiled Deferred Action for Childhood Arrivals program.

“They should not be punished for things that were done by others,” Becerra said of the DACA recipients. “We don’t bait and switch in this country.”

Becerra said his lawsuit, which he previewed last week and planned to file Monday in the Northern District of California, was meant to “immediately address the president’s unlawful and mean spirited actions” by alleging his administration violated the due process protections of DACA applicants by putting their personal information at risk. …

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University of California Sues Trump Administration over DACA Decision

Janet NapolitanoThe University of California has sued the Trump administration for its decision to rescind the Obama administration’s Deferred Action for Childhood Arrivals (DACA) policy.

UC lawyers allege that the rights of the nation’s largest college system were violated when President Donald Trump, on “nothing more than unreasoned executive whim,” dumped DACA.

Many conservatives complain that President Barack Obama issued DACA in violation of the Constitution, after failing to win congressional approval for a “pathway to citizenship” for 11.5 million illegal aliens.

UC President Janet Napolitano is especially knowledgeable regarding DACA, because as Obama’s Secretary of the Department of Homeland Security between 2009 to 2013, she issued the memorandum, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” to stop up to 2 million deportations of those brought illegally to the U.S. as children.

Although the title of Napolitano’s DACA memo talked about U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) using their professional discretion to decide deportation issues, the document’s language specifically mandated that for any individual meeting Napolitano’s criteria, ICE and CBP would “prevent low priority individuals from being placed into removal proceedings or removed from the United States.”

Breitbart News reported that of the 790,000 eligible aliens that enrolled in DACA, California has 223,000 California, or 28 percent of DACA enrollees. That is more than the combined totals of the next four states, including Texas, Illinois, Arizona and New York; and also more than in the lowest 28 states combined.

Despite the constant emphasis by DACA supporters about vulnerable children being victimized by their parents’ actions, DACA only covers aliens between the ages of 15 to 30 years old. The median age of a DACA enrollee is 25 years old.

One of the reasons that California is such a magnet to so-called “Dreamers” is the spectacular array of college educational benefits made available through the 2003 passage of AB 540, a waiver of out-of-state tuition for illegal aliens; and the 2011 passage of the California DREAM Act, which made all “undocumented” immigrants eligible for financial aid if they attended high school in the state or received a GED.

Financial aid programs available to “Dreamers” include Cal Grants for tuition; a Board of Governor’s fee waiver; and institution-specific grants and scholarships for UC and California State University campuses. Illegal aliens can also receive the UC’s California DREAM Loan Program and resources through campus Undocumented Student Centers.

Napolitano told NPR, “Neither I, nor the University of California, take the step of suing the federal government lightly, especially not the very agency that I led.”

She added: “It is imperative, however, that we stand up for these vital members of the UC community. They represent the best of who we are — hard working, resilient and motivated high achievers.”

This article was originally published by Breitbart.com/California

California Attorney General Claims Rescinding DACA is Unconstitutional

xavier-becerraPresident Donald Trump argued Tuesday that his predecessor’s Deferred Action for Childhood Arrivals (DACA) program “is unlawful and unconstitutional and cannot be successfully defended in court.”

But California Attorney General Xavier Becerra, who has vowed to lead the so-called “Resistance” to Trump, argued the opposite, claiming that the president’s decision to rescind DACA Tuesday was unconstitutional — though he did not explain why.

“We believe the Trump administration has violated the Constitution, federal law, and certainly we believe wholeheartedly the Trump administration has ignored the American people,” Becerra said, according to the Fresno Bee.

He threatened to sue the administration over rescinding DACA, echoing comments by New York’s governor and attorney general — though none of them explained clearly what part of the Constitution Trump had violated.

New York Governor Andrew Cuomo said that New York State had a “sovereign interest” in “the fair and equal application of the law,” though the distinction between legal and illegal residents is one with a clear basis in law.

New York Attorney General Eric Schneiderman — a vociferous critic of Trump who is reportedly working with Special Counsel Robert Mueller in investigating him — referenced the Statue of Liberty, rather than the law.

Ironically, Becerra’s opinion of the constitutionality of Trump’s DACA decision was not shared by liberal Democrat Sen. Dianne Feinstein (D-CA). California’s senior U.S. Senator admitted to left-leaning MSNBC on Tuesday that DACA was “on shaky legal ground.” She referred to a legal threat from ten states’ attorneys general, on the basis of the fact that DACA had usurped Congress’s legislative power. She added: “That’s why we need to pass a law.”

Liberal legal scholar Jonathan Turley of George Washington University agreed, publishingan op-ed Tuesday in The Hill in which he accused Democrats of being “constitutional short sellers” who had allowed Obama to violate the Constitution’s separation of powers, then cited the Constitution when Trump lawfully rescinded Obama’s policies.

Thousands of demonstrators marched in cities across California Tuesday to protest Trump’s DACA decision.

This article was originally published by Breitbart.com/California

Trump rescinding DACA program protecting young immigrants

As reported by the Associated Press:

WASHINGTON  — President Donald Trump on Tuesday began dismantling the government program protecting hundreds of thousands of young immigrants who were brought into the country illegally as children. Attorney General Jeff Sessions declared the Obama administration’s program “an unconstitutional exercise of authority” that must be revoked.

New applications will be halted for President Barack Obama’s Deferred Action for Childhood Arrivals program, which has provided nearly 800,000 young immigrants a reprieve from deportation and the ability to work legally in the U.S. in the form of two-year, renewable work permits.

“I’m here today to announce that the program known as DACA that was effectuated under the Obama administration is being rescinded,” Sessions announced.

But the administration is giving Congress six months to come up with a legislative fix — “should it choose to,” Sessions said — before the government stops renewing permits for people already covered by the program. …

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CA’s Democratic Members of Congress Plead for Obama to Pardon “Dreamers”

As reported by the Los Angeles Times:

Led by members of the California delegation, dozens of House Democrats are again pleading with President Obama to pardon hundreds of thousands of immigrants brought to the U.S. illegally as children to whom he granted temporary deportation deferrals.

Last month, several members of Congress asked Obama to use his pardon authority to forgive the past and future civil immigration offenses of the nearly 750,000 people granted deportation deferrals under the Deferred Action for Childhood Arrivals, or DACA, program.

The lawmakers say that even though the so-called Dreamers would be left in legal limbo without work permits or visas, they could more easily apply for legal status from within the U.S. without immigration offenses on their records.

A White House official immediately batted down the idea, saying a pardon wouldn’t give them legal status. …

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