California Attorney General Claims Rescinding DACA is Unconstitutional

xavier-becerraPresident Donald Trump argued Tuesday that his predecessor’s Deferred Action for Childhood Arrivals (DACA) program “is unlawful and unconstitutional and cannot be successfully defended in court.”

But California Attorney General Xavier Becerra, who has vowed to lead the so-called “Resistance” to Trump, argued the opposite, claiming that the president’s decision to rescind DACA Tuesday was unconstitutional — though he did not explain why.

“We believe the Trump administration has violated the Constitution, federal law, and certainly we believe wholeheartedly the Trump administration has ignored the American people,” Becerra said, according to the Fresno Bee.

He threatened to sue the administration over rescinding DACA, echoing comments by New York’s governor and attorney general — though none of them explained clearly what part of the Constitution Trump had violated.

New York Governor Andrew Cuomo said that New York State had a “sovereign interest” in “the fair and equal application of the law,” though the distinction between legal and illegal residents is one with a clear basis in law.

New York Attorney General Eric Schneiderman — a vociferous critic of Trump who is reportedly working with Special Counsel Robert Mueller in investigating him — referenced the Statue of Liberty, rather than the law.

Ironically, Becerra’s opinion of the constitutionality of Trump’s DACA decision was not shared by liberal Democrat Sen. Dianne Feinstein (D-CA). California’s senior U.S. Senator admitted to left-leaning MSNBC on Tuesday that DACA was “on shaky legal ground.” She referred to a legal threat from ten states’ attorneys general, on the basis of the fact that DACA had usurped Congress’s legislative power. She added: “That’s why we need to pass a law.”

Liberal legal scholar Jonathan Turley of George Washington University agreed, publishingan op-ed Tuesday in The Hill in which he accused Democrats of being “constitutional short sellers” who had allowed Obama to violate the Constitution’s separation of powers, then cited the Constitution when Trump lawfully rescinded Obama’s policies.

Thousands of demonstrators marched in cities across California Tuesday to protest Trump’s DACA decision.

This article was originally published by Breitbart.com/California

Comments

  1. AG Becerra clearly does not know the law or just does not believe in the rule of law! He was interviewed on MSNBC and smirked the whole time while speaking to Pres. Trumps lack of Constutitionallity of rescinding DACA. He needs to be removed from office!

  2. Andrew Kessel says

    Hopefully, Jerry Brown will get some tips from Putin on DACA constitutionality, along with saving the environment during his trip to Russia.

  3. AG Becerra is one of the most arrogant SOBs in stinkramento! Not only was DACA unconstitutional, even barry o’vomit said it was temporary! It is a legislative act and needs to be introduced and debated in congress, NOT THE ULTRA LIBERAL media! These “dreamers” are illegal aliens pure and simple! They knew eventually the OTHER shoe would drop, I guess they were sure it would be another criminal lover like hildabeast clinton, and the “get out of jail free” would be issued by her. Trouble is that is NOT the way it turned out!! We are a nation of laws that traditionally are obeyed even if we don’t like em! Governments are not feelings, they are HARD and FAST rules! If not anarchy and chaos rule the day, do the libturds and AG Becerra get that? I think not!

  4. This will show you how corrupt the law profession is and the bar process.

    If you openly claim an illegal act (Obama’s) makes a legal condition then you really are stupid.

  5. retiredxlr8r says

    Must of graduated from a Mexican high school?
    Can’t be that stupid, can he?

    Probably just being Gov Brown lackey.

  6. So, according to the Ca. AG, Presidents can write law and not Congress, after all Obama put DACA in writing thus penning law. According to the Ca. AG we should have tyranny through a dictator who edicts everything rather than a represented Republic.
    Founders were genius and Becerra should pay attention to genius.

  7. Let’s make an attorney who is obviously ignorant of what the words in the U.S. Constitution say and make him the chief legal officer in the most populous state. The purpose this serves is to aid in keeping the public, including all the illegal aliens, ignorant of what the founding fathers had in mind when this Country was formed and make them more accepting of the tyranny that has become what we call government at all levels.

  8. This man should lose his license to practice law. What President Obama did was illegal. Mr. Trump is abiding by the law and that is always difficult for Democrats to do.

    Google “Two Minute Conservative” for more.

  9. The AG is just a lying idiot! He will now waste tax dollars on a futile attempt to resurrect an unconstitutional presidential decree! News flash: You can’t force the federal government to violate the constitution!

  10. The worse part about this is he IS SUPPOSE TO KNOW THE LAW being attorney general and all but all he really is a scum wetback mexican appointed by Moonbeam brown..Hey dumb shit the law was unconstitutional..dumb wetback

  11. The race loyalty is impressive for the hispanics. Becerra is siding with the brown skin illegals against the rule of law – surprised? You shouldn’t be. The balkanization of America is growing, with subgroups describing themselves as something first (race, skin color, national origin), THEN adding “American”. That’s how they view themselves. Becerra is grandstanding for his fellow hispanics. Any competent federal judge will dispose of this in short order. The attitude, though, will persist.

  12. Unfortunately our political system, whether by appointment or election, doesn’t exempt incompetent office holders such as AG Bracero or his predecessor, Commie LaHarris, from the dictates of the Peter Principal, i.e., being promoted beyond their capabilities. The result is that all Californians are suffering from the government the majority voted for.

  13. California’s present politics has a long reaching view for this State. The growing “latin influence” in Los Angles and Sacramento looks forward to complete hegemony within the State of California.
    When…………yes, when, that occurs the new ruling class will, then,
    install a restrictive immigration policy to gain suzerainty within the Western United States.

    People are not attentive to the growing demographics, purposely,
    within the area. The existing “latin population”, in California, are not the genetic stock of those, presently ruling Mexico. The large population of Mestizo in Mexico is that group that the elite class has deemed exportable; And export these people they have done in a purposeful way. Time will tell !

  14. Pat Donnelly says

    What the bleeding hearts don’t understand is that the President is doing them a favor. The current executive order can be canceled with the stroke of the pen….However, if Congress does their job and creates a law it can not be changed by anybody except the Congress…

  15. Asshole is himself illegal –so what do you expect –get rid of him m NOW

  16. Bercerra is a disgrace to the legal profession. How did he pass the bar if he thinks that what Obama did was constitutional?

    He does not speak for the American people. None of the politicians do any more, except Trump, Cruz and a few others. Let’s get rid of them all except those very few.

    We’ll have primaries soon. They know it. If they win again because of illegal voters, then we need to stand up and be counted.

    As I understand it, since I voted by mail ballot, it was not counted by the State of California. Therefore, we either take back our state now by stopping the illegals from voting, or it becomes a slum country easy for takeover by Mexico.

    Do we stand up and fight, or turn tail and run?

  17. Get rid of this nut, he needs to get a job in the fields picking tomatoes because he surely doesn’t have a brain in his head to be AG. This guy probably is mad because he’s protecting his family, relatives or friends who helped put him in office namely the low life senate and the illustrious flush it down when it’s brown.

    • Gloria Ross says

      More than likely; do you remember the pro-tem president of the California Senate, DeLeon’s video, wherein he stated that if illegals were to be deported, fully HALF of his family would be deported because they were ALL illegals who had been working in the USA with fraudulent SS and Green Cards? I just went and googled it and the video has been DELETED, but there is a lot of other material attesting to this fact, by googling Kevin DeLeon, Illegal Family

  18. Gloria Ross says

    No Becerra, Obama’s act of enacting it WAS unconstitutional; he knew it and said so; he also said that it was to be a temporary stopgap to allow congress to work on the issue; obviously congress did not; Trump is giving them SIX WHOLE months to work on the issue, but knowing this DO NOTHING congress, they probably won’t. You need to read the constitution, generally those occupying the office such as yours would have be well acquainted with the constitution, but it is painfully obvious that you are not; probably have never read it and if you did, you’d probably not understand it; too many long words in it. Ir is disheartening to realize just what not only incompetents, but traitors, California government has, and the reason is painfully obvious.

  19. Becerra is getting kickbacks from the illegal aliens organizations in CA. He is stupid and corrupt. DACA was unconstitutional to begin with. He can’t force Trump to violate the Constitution like Obama did time and time again. What a crooked retard Becerra is. He has no chance of winning in court.

  20. True Teacher says

    Becerra knows the law, but his loyalty is not to law that was made by the pale face man, who now sits on the sidelines, but to his own tribe.

    Do you ever wonder how those European, Spanish surnames like Rendon, De Leon, Becerra, and Padilla have forgotten that they, too, have white European blood?

    It’s reverse racism, folks, perpetrated by men and women who are confused about race and racism.

    • Upchuck.Liberals says

      Just a note, ‘de’ Leon is really Leon. As for him being confused, he’s not bright enough for that, he’s just a lying sack of……

  21. Frank Sullilvan says

    It utterly amazes me that politicians like Becerra are elected into office, and they are void of any understanding of the Constitution. What is annoying is that Becerra was not compelled to explain his position by the press. The very nature of Obama’s EO was/is highly suspect and indefensible; yet, there is Becerra and other leftists attempting to show cause w/out definition. I am not a Trump supporter, but I understand why he was elected- because of socialists like Becerra…

  22. Must be really tough when you failed US Constitutional Law and still become an Attorney General!

  23. If CA’s AG had done anything more than doodle stick figures on his notepaper during ConLaw lectures he would know that DACA was an unconstitutional act conjured out of whole cloth by a President that had previously said that what he was doing was beyond his Constitutional Powers. Rescinding it is entirely constitutional since proclaiming it was a violation of that Constitution.

  24. Victoria Smith says

    The AG of CA should resign. He has zero knowledge of our Constitution, or else he just isn’t interested in following it.

  25. Combat Soldier says

    Sir, DACA is not constitutional at all, it was a exec order by Obama, Stop blaming Americans for the problem started by there parents being here illegally.Again, you and your view is truly for your Mexican people, over americans.Bet we go back count the votes we will find out it was not average American that placed you in office in California, it was a stack deck with communities that voted under allowing illegals to vote, so in reality you would have never Been in office, now your corruption is coming home to you , and your plan to give California back to mexico., called The President of the United States, not California being return to mexico by you.!58 million people voted our new President in because as a nation we see the dirty tricks in laws in California trying to supersede federal laws so you and your people can get ready , get out of our country move you and all back to mexico.

  26. to be expected from the commie ag bracero

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