The U.S. Justice Department released
the below remarks by Attorney General Jeff Sssions:
Good morning. I am here today
to announce that the program known as DACA that was effectuated under the Obama
Administration is being rescinded.
The DACA program was
implemented in 2012 and essentially provided a legal status for recipients for
a renewable two-year term, work authorization and other benefits, including
participation in the social security program, to 800,000 mostly-adult illegal aliens.
This policy was implemented
unilaterally to great controversy and legal concern after Congress rejected
legislative proposals to extend similar benefits on numerous occasions to this
same group of illegal aliens.
In other words, the executive
branch, through DACA, deliberately sought to achieve what the legislative
branch specifically refused to authorize on multiple occasions. Such an
open-ended circumvention of immigration laws was an unconstitutional exercise
of authority by the Executive Branch.
The effect of this unilateral
executive amnesty, among other things, contributed to a surge of unaccompanied
minors on the southern border that yielded terrible humanitarian consequences.
It also denied jobs to hundreds of thousands of Americans by allowing those
same jobs to go to illegal aliens.
We inherited from our
Founders—and have advanced—an unsurpassed legal heritage, which is the
foundation of our freedom, safety, and prosperity.
As the Attorney General, it
is my duty to ensure that the laws of the United States are enforced and that
the Constitutional order is upheld.
No greater good can be done
for the overall health and well-being of our Republic, than preserving and
strengthening the impartial rule of law. Societies where the rule of law is
treasured are societies that tend to flourish and succeed.
Societies where the rule of
law is subject to political whims and personal biases tend to become societies
afflicted by corruption, poverty, and human suffering.
To have a lawful system of
immigration that serves the national interest, we cannot admit everyone who
would like to come here. That is an open border policy and the American people
have rightly rejected it.
Therefore, the nation must
set and enforce a limit on how many immigrants we admit each year and that
means all can not be accepted.
This does not mean they are
bad people or that our nation disrespects or demeans them in any way. It means
we are properly enforcing our laws as Congress has passed them.
It is with these principles and
duties in mind, and in light of imminent litigation, that we reviewed the Obama
Administration’s DACA policy.
Our collective wisdom is that
the policy is vulnerable to the same legal and constitutional challenges that
the courts recognized with respect to the DAPA program, which was enjoined on a
nationwide basis in a decision affirmed by the Fifth Circuit.
The Fifth Circuit
specifically concluded that DACA had not been implemented in a fashion that
allowed sufficient discretion, and that DAPA was “foreclosed by Congress’s
careful plan.”
In other words, it was
inconsistent with the Constitution’s separation of powers. That decision was
affirmed by the Supreme Court by an equally divided vote.
If we were to keep the Obama
Administration’s executive amnesty policy, the likeliest outcome is that it
would be enjoined just as was DAPA. The Department of Justice has advised the
President and the Department of Homeland Security that DHS should begin an
orderly, lawful wind down, including the cancellation of the memo that
authorized this program.
Acting Secretary Duke has
chosen, appropriately, to initiate a wind down process. This will enable DHS to
conduct an orderly change and fulfill the desire of this administration to
create a time period for Congress to act—should it so choose. We firmly believe
this is the responsible path.
Simply put, if we are to
further our goal of strengthening the constitutional order and the rule of law
in America, the Department of Justice cannot defend this type of overreach.
George Washington University
Law School Professor Jonathan Turley in testimony before the House Judiciary
Committee was clear about the enormous constitutional infirmities raised by
these policies.
He said: “In ordering this
blanket exception, President Obama was nullifying part of a law that he simply
disagreed with.….If a president can claim sweeping discretion to suspend key
federal laws, the entire legislative process becomes little more than a
pretense…The circumvention of the legislative process not only undermines the
authority of this branch but destabilizes the tripartite system as a whole.”
Ending the previous
Administration’s disrespect for the legislative process is an important first step.
All immigration policies should serve the interests of the people of the United
States—lawful immigrant and native born alike.
Congress should carefully and
thoughtfully pursue the types of reforms that are right for the American
people. Our nation is comprised of good and decent people who want their
government’s leaders to fulfill their promises and advance an immigration
policy that serves the national interest.
We are a people of compassion
and we are a people of law. But there is nothing compassionate about the
failure to enforce immigration laws.
Enforcing the law saves
lives, protects communities and taxpayers, and prevents human suffering.
Failure to enforce the laws in the past has put our nation at risk of crime,
violence and even terrorism.
The compassionate thing is to
end the lawlessness, enforce our laws, and, if Congress chooses to make changes
to those laws, to do so through the process set forth by our Founders in a way
that advances the interest of the nation.
That is what the President
has promised to do and has delivered to the American people.
Under President Trump’s
leadership, this administration has made great progress in the last few months
toward establishing a lawful and constitutional immigration system. This makes
us safer and more secure.
It will further economically
the lives of millions who are struggling. And it will enable our country to
more effectively teach new immigrants about our system of government and
assimilate them to the cultural understandings that support it.
The substantial progress in
reducing illegal immigration at our border seen in recent months is almost
entirely the product of the leadership of President Trump and his inspired
federal immigration officers. But the problem is not solved. And without more
action, we could see illegality rise again rather than be eliminated.
As a candidate, and now in
office, President Trump has offered specific ideas and legislative solutions
that will protect American workers, increase wages and salaries, defend our
national security, ensure the public safety, and increase the general well-being
of the American people.
He has worked closely with
many members of Congress, including in the introduction of the RAISE Act, which
would produce enormous benefits for our country. This is how our democratic
process works.
There are many powerful interest
groups in this country and every one of them has a constitutional right to
advocate their views and represent whomever they choose.
But the Department of Justice
does not represent any narrow interest or any subset of the American people. We
represent all of the American people and protect the integrity of our
Constitution. That is our charge.
We at Department of Justice
are proud and honored to work to advance this vision for America and to do our
best each day to ensure the safety and security of the American people.
Thank you.
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