Tags: andrew napolitano | DACA | lawsuit | political stunt | lacks | standing

Judge Napolitano: DACA Lawsuit 'Political Stunt,' Lacks Standing

(Fox News' "Fox & Friends")

By    |   Thursday, 07 September 2017 12:38 PM

The morning after 15 states and the District of Colombia sued the federal government over the planned cancellation of the DACA program, one legal analyst said the move is a "political stunt."

Judge Andrew Napolitano appeared on "Fox & Friends" Thursday morning and was asked about the lawsuit and what it means.

"I read the lawsuit that they filed last night, and I think it's a political stunt," he said. "I don't think it has a chance of surviving, and I don't even think they made the best arguments that are available against the president."

Napolitano said the lawsuit regarding the Deferred Action for Childhood Arrivals program has no standing and won't go anywhere.

"They basically argue that the manner in which the president decided to change DACA did not comport with the notice you're supposed to give when you're going to change rules or procedures," he said.

"Here's another issue: You can't sue in federal court unless you've been harmed. The states have not been harmed. In fact, no one's been harmed because they don't have standing because DACA is in place right now.

"I think the lawsuit is premature and probably will be dismissed."

Napolitano referenced the fact that all presidents since Ronald Reagan have not deported illegals who gave birth to children in the U.S. and children who came to the U.S. illegally as children with their parents. Former President Barack Obama signed executive orders on the issue in 2012.

"If [Obama] had not written it down and just followed what his predecessors did, we wouldn't have this problem now," Napolitano said.

Attorney General Jeff Sessions said Tuesday that DACA will be phased out in six months unless Congress is able to put together more permanent legislation on the matter.

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The morning after 15 states and the District of Colombia sued the federal government over the planned cancellation of the DACA program, one legal analyst said the move is a "political stunt."
andrew napolitano, DACA, lawsuit, political stunt, lacks, standing
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2017-38-07
Thursday, 07 September 2017 12:38 PM
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