I first saw this show up in the New York Governor’s Twitter feed last night and this morning I’m no less confused about it.
New York will not demonize diversity.
We will not stand by as 42,000 NYers are deported.
If President Trump rescinds #DACA, we will sue.
— Andrew Cuomo (@NYGovCuomo) September 4, 2017
At first I thought perhaps it was a typo of some sort. Or perhaps the Governor had simply imbibed a couple too many at the Cuomo family Labor Day BBQ. “We will sue?” On what grounds?
Reuters tried to make some sense out of it, but didn’t really do much better.
New York Governor Andrew Cuomo and the state’s attorney general on Monday vowed to sue President Donald Trump if he scraps a program shielding from deportation immigrants who came to the United States illegally as children…
Cuomo said “the president’s action would upend the lives of hundreds of thousands of young people who have only ever called America their home.”
Let’s try that question again. Sue the President for what? For signing an executive order which essentially just rolls back another executive order signed by the last President? (And one which you didn’t seem too upset about at the time, nor did you threaten to sue over it.)
It was Barack Obama who brought us the idea that if Congress won’t pass the laws you want regarding immigration policy, the White House can simply summon new laws into existence with the stroke of a pen. Plenty of us attempted to warn at the time that a very disruptive can of worms was being opened when that happened. So now there’s a new president saying he plans to do the same thing, only in reverse.
Does one state or one governor even have standing to bring such a lawsuit?
DACA needs to go, whether you like the idea behind it or not. This was a matter for Congress to handle through the regular order of business in the first place. If, as expected, President Trump plans to put a six month delay on the order so Congress has time to take care of it, that’s just a sign of generosity on his part. (And probably far too generous if you ask me.) If McConnell, Schumer, Ryan and Pelosi can come up with some sort of amnesty bill that actually passes both chambers and somehow convince Trump to sign it, then so be it. I’ll be screaming like a wet hen, but a least it will have been done through the proper channels and everyone on the GOP side who voted for it can prepare for a primary battle next year.
But a lawsuit from a state governor over an executive order? At this point I’d actually love to see him try it. The challenges to the result (whichever way it goes) would be a fascinating study in constitutional law.