Fox News legal analyst Judge Andrew Napolitano called the lawsuit against the Trump administration over ending the Deferred Action for Childhood Arrivals (DACA) nothing more than a “political stunt.”
“I think it’s a political stunt,” he told “Fox and Friends” Thursday. “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.”
Fifteen states and the District of Columbia have brought suit against the administration but Napolitano says their arguments are based on a technicality, and bound to fail in court.
“You can’t sue in federal court unless you’ve been harmed,” Napolitano said. “The states have not been harmed … DACA is in place right now. Donald Trump’s Justice Department and Department of Homeland Security are honoring it. The president himself said it’s not going to happen. No change until March 5th and by the way the, Congress may have legislated DACA and made it the law of the land.”
“I think the lawsuit is premature and probably will be dismissed,” he said. “I think his [Trump’s] heart is in the right place but he’s trying to do what he took an oath to do, which is uphold the constitution and uphold the laws as Congress has written them not as he wants them to be.”
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