August 5, 2018
The Honorable John D. Bates
United States District Court Judge
U.S. District Court for the District of Columbia
333 Constitution Avenue, Northwest
Washington, DC 20001
Subject: Deferred Action for Childhood Arrivals program (DACA)
On June 25, 2012, the Department of Justice under then-President Barack Obama declared by memorandum the DACA program.
On September 5, 2017, President Donald Trump announced an end to the unlawful DACA program within six months and called on Congress to fulfill its constitutional mandate to act on immigration reform.
I remind you Article I, Sections 1 and 8 of our Constitution empower Congress, not the Executive Branch, to make policies regulating immigration and naturalization.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. – Article I, Section 1
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States – Article I, Section 8
President Obama unconstitutionally enacted a Rule of Naturalization; President Trump annulled President Obama’s unconstitutional policy and called on the Congress to do its constitutional duty. This president did not end the unlawful policy immediately but announced a six-month window of time for Congress to act.
In the 1886 case Norton v. Shelby County, the opinion of the court, in summary, was “An unconstitutional act is not law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”
What I discern from your ruling is you have taken upon yourself an unconstitutional role of creating a Rule of Naturalization.
A simple reading of Article III, Section 2 says:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution – Article III, Section 2
DACA was never and is not now a law; it was an unconstitutional action by a rogue executive.
I was born and raised in south Texas where I lived among ‘dreamers’ and legal residents, children of Mexican and Central American parents. I understand the plight of young people who unlawfully came to our country as young children. They have been educated in our public schools and are culturally Americans. They need and deserve the attention of the U.S. Congress whose members are derelict in crafting uniform immigration policies.
I call on President Trump to ignore your unconstitutional opinion.
Furthermore, I call on the majority leaders of both houses of Congress to enact UNIFORM immigration and naturalization, as they are so empowered to do.
- Memorandum by Janet Napolitano, June 25, 2012: Exercising Prosecutorial Discretion with Respect to Individuals
- Memorandum by Elaine C. Duke, Acting Secretary of DHS, September 5, 2017: Memorandum on Rescission Of DACA – Homeland Security
- Supreme Court opinion, May 10, 1886: Norton v. Shelby County __ 118 U.S. 425 (1886) __ Justia US Supreme Court Center