Obama Can Bypass Congress on Immigration, Trump Can’t

November 21, 2018

On Tuesday, CNN’s New Day hosts John Berman and Alisyn Camerota brandished a decision by a California judge that temporarily halted President Trump’s recent executive action on asylum. But back in 2012 when it was former President Obama’s DACA order on the chopping block, CNN hosts rushed to defend the President’s ability to enact immigration policy without Congressional approval.

The order by President Trump, which would have required asylum seekers to apply for protection at a designated port of entry, was halted by U.S. District Judge John Tigar, who wrote in part:

The rule barring asylum for immigrants who enter the country outside a port of entry irreconcilably conflicts with the INA (The Immigration and Naturalization Act) and the expressed intent of Congress. Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”

Berman appeared wholly convinced by the Judge’s reasoning: “The judge is merely saying that the executive order infringes on a law passed by Congress… And the President unilaterally, by executive order, was trying to restrict [asylum] to ports of entry.

The discussion then pivoted to whether the President even cared that his order had been challenged, with Berman speculating that the Trump administration’s move had been a cynical poitical tactic from the outset.

However, when President Obama passed his widely-criticized Deferred Action for Childhood Arrivals in June 2012, talking heads on the cable network rolled out all manner of arguments to explain why it was perfectly acceptable to enact immigration policy without Congressional approval.

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This article was posted: Wednesday, November 21, 2018 at 8:01 am

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