Judge Nap: How Obama Created Problem With DACA Executive Orders
President Donald Trump is expected to announce on Tuesday that he’s ending the Deferred Action for Childhood Arrivals (DACA) program, which protects children of illegal immigrants from being deported.
Trump is reportedly calling for a six-month delay in ending the program, which will give lawmakers time to pass legislation to address the approximately 800,000 people DACA covers.
On “Fox & Friends” this morning, Judge Andrew Napolitano said the question is if Congress wants to take these hundreds of thousands of people – consisting largely of children, productive members of the workforce and students – and kick them out of the U.S.
He said the whole DACA problem was caused by former President Barack Obama, who created the program with executive orders in 2012.
"Every president since Ronald Reagan, since 1986, has said hands off on these folks," Napolitano explained. "The only president that reduced that to writing in a series of 12 executive orders was Barack Obama. And when those 12 executive orders were challenged in court, the court invalidated them, saying this is for Congress to do."
He said if Obama had dealt with this "quietly and under the radar screen" as his predecessors had done, there would be nothing for the Fifth Circuit Court of Appeals to invalidate.
"The Supreme Court tied 4-4 on this, so the Fifth Circuit Court of Appeals' opinion - which governs Texas - is the law of the land, and that says Congress decides and not the president," Napolitano said.
He predicted that Congress will find some common ground to permit most of these people to remain in the U.S., but it won't be part of broader immigration reform due to the six-month window and the pace at which Congress passes legislation.
Watch more above.