Thread: ‘Never Trump’ Yale Law Prof. Surprised Trump Has Not Moved on Birthright Citizenship

Originally Posted by Judy

DACA 2012 was not done with an EO by a former President. DACA 2012 was done by a Memo Directive by the Director of Homeland Security, Janet Napolitano.

Okay, what's your point? President Trump certainly has the power and authority to override a departmental memorandum. Heck, if there was no question on his right to cancel an E.O., there is even less of one on a departmental memorandum.

Originally Posted by MW

Okay, what's your point? President Trump certainly has the power and authority to override a departmental memorandum. Heck, if there was no question on his right to cancel an E.O., there is even less of one on a departmental memorandum.

I don't think there is really a question on his right to do it. He had every right to issue the temp travel ban - and look what happened there.

Again, we are not living in sane times.

Originally Posted by MW

Okay, what's your point? President Trump certainly has the power and authority to override a departmental memorandum. Heck, if there was no question on his right to cancel an E.O., there is even less of one on a departmental memorandum.

My point was that General Kelly can do the Memo Directive as Secretary of DHS, that a Trump EO is not required. That would be a better way to end DACA 2012. I hope that's what they do.

Originally Posted by Judy

My point was that General Kelly can do the Memo Directive as Secretary of DHS, that a Trump EO is not required. That would be a better way to end DACA 2012. I hope that's what they do.

I agree with you but he (Kelly) isn't going to do that. He has came out several times in full support of DACA. Unfortunately he wants to see them all legalized. The mans support of DACA disgust me. I think things would have been quite different had Kris Kobach gotten the job of DHS Secretary. Looks like Kobach didn't get anything in the Trump administration.

Originally Posted by MW

I agree with you but he (Kelly) isn't going to do that. He has came out several times in full support of DACA. Unfortunately he wants to see them all legalized. The mans support of DACA disgust me. I think things would have been quite different had Kris Kobach gotten the job of DHS Secretary. Looks like Kobach didn't get anything in the Trump administration.

Yeah, it's a huge disappointment if it all actually bears out as you say. I keep hoping for a Trojan Horse kind of deal, where more register while you wait out the school year not to get the colleges and universities all bent out of shape and have student protests all over the country, and then call it expired and over in June. That's what Sean Spicer said at the press conference awhile back, that they were going to let it expire in June. What that means in terms of Memos or EO's or notices to the DACA's 2012, I'm not sure. I do know that to cancel DACA 2012, they have to send every one of them a letter of notice advising it's over, then the DACA has so many days to reply, then DHS has to investigate whatever they replied with, and then reply back with a decision on each individual DACA, that's almost 900,000 of them. It could be that Kelly doesn't want to waste time on that right now, and instead he wants to focus on reducing entries at the border, get the Wall started, and deport the criminals including any DACA criminals as a sense of priority that requires no notice letter or reply and subsequent written ruling on their case. This is where all those lawsuits would arise is during this notice, reply, ruling process.

I sure hope Kobach gets a good assignment in the Trump administration if he wants one. I'm still waiting for Scott Brown to get involved somewhere. Kobach and Brown are really good people who would add a lot to our new administration in many areas.