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Trump defends right to rescind ‘totally illegal’ Obama-era DACA program

President Trump on Friday cited an official for the conservative Immigration Reform Law Institute in arguing that President Obama “never had the legal right to sign DACA,” the Deferred Action for Childhood Arrivals — which the Supreme Court will decide if the president had the power to end.

DACA protects about 700,000 immigrants called “Dreamers” who were brought to the US illegally as children or came with families that overstayed visas.

“The Immigration Law Institute’s Christopher Hajec says, ‘The Supreme Court has to look st (sic) whether DACA is lawful. What they are looking at now is whether Trump’s recision of DACA is lawful,” the president said in one of a series of tweets about the matter.

“Must consider lawfulness of DACA itself. Looks very odd that President Trump doesn’t have the discretion to end the program that President Obama began in his discretion,” he continued.

“That program was unlawful to begin with.

I think it’s very unlikely that the SCOTUS is going to issue an order reinstating what it believes is an unlawful program. DACA Is unlawful,’” he wrote, apparently quoting the institute’s director of litigation.

Trump added: “President Obama never had the legal right to sign DACA, and he indicated so at the time of signing. But In any event, how can he have the right to sign and I don’t have the right to ‘unsigned.’ Totally illegal document which would actually give the President new powers.”


Saying the DACA will go before the High Court, Trump said, “It is a document that even President Obama didn’t feel he had the legal right to sign – he signed it anyway!”

“Rest assured that if the SC does what all say it must, based on the law, a bipartisan deal will be made to the benefit of all!” the president said.

In June, the Supreme Court justices said they would hear arguments in the case in the fall and issue a decision likely by June 2020 as Trump seeks re-election.

The president ended DACA in 2017, five years after it was created by Obama — prompting mass protests and a failed congressional effort to save it.

Three federal district courts and two appeals courts have blocked Trump from outright nixing the program and only one district court has ruled in his favor.

Late last month, the Justice Department filed a Supreme Court brief defending Trump’s order to cancel the program.

Solicitor General Noel Francisco argued that the Trump administration had the legal authority to rescind DACA two years ago.

“At best, DACA is legally questionable; at worst, it is illegal,” wrote Francisco, according to The Hill.

The case under review by the Supreme Court is about the legality of Trump’s order to end DACA, not the legality of the Obama-era program.