A Judge Temporary Stopped The Repeal Of DACA In Response To A Lawsuit Brought By Former Department Of Homeland Security Janet Napolitano, Former Secretary
CABRERA: The President's most recent tweet today is about DACA. He tweeted the Democrats are all talks and no action. They are doing nothing to fix DACA. Great opportunity missed. Too bad. Well, the battle for the faith of almost 700,000 undocumented young people living in the United States, the so-called DREAMERs continues in Congress, but there was one win this week. A judge temporary stopped the repeal of DACA. His ruling was in response to a lawsuit brought by former department of homeland security Janet Napolitano, former secretary. She sat down with us for her first television interview since that ruling came down. And I know this interview takes prior to Trump's vulgar, derogatory comments about immigrants.</s>CABRERA: Let's start with the legal battle to keep DACA alive. In short, you sued this administration over repealing DACA and a judge ruled in favor - in your favor meaning DACA can't automatically ends on March 5th. So does this new ruling make a DACA deal less urgent?</s>JANET NAPOLITANO, FORMER SECRETARY OF HOMELAND SECURITY: No. I still think that it is urgent for Congress to act. The ruling is temporary in nature. It is a preliminary injunction. It does allow those who are currently in DACA or who rolled off since September 5th to reenroll which is a good thing. And that's the protection for the 800,000 or so DREAMERs who is are already in the program. But it doesn't allow new DREAMERs to enroll in the program which is really unfortunate. And by its nature, it is a temporary ruling.</s>CABRERA: You have been called the architect of DACA dating back to 2012. The Trump administration argues they will win the legal battle because they say DACA was quote, "unlawful for convention of Congress to begin with." Would it be better for DREAMERs if there was an actual law protecting them versus - depending on an executive action? Why keep fighting for DACA in that regard?</s>NAPOLITANO: When the legislative branch does not act its appropriate for the judicial branch to act. And you know, when was created DACA, it was created under my</s>CABRERA: But, it has not made its way all the courts system because there had been multiple legal challenges we know to DACA which was essential put on hold when the Trump administration got into power. And so it did not go all the way up to the Supreme Court. It could eventually make it there and ultimately it is unknown, what will happen and we know DACA did not survive after it went into the legal system. When you introduced it, did you anticipate DACA leading into this coming into ahead and a fight in this way?</s>NAPOLITANO: No. No one could anticipate that it would lead to a fight in this way. But we are here now. And I think it is incumbent on what Congress to do what Congress is elected to do which is to pass laws. But in the interim, DACA is a legal program and it was illegally rescinded by the administration.</s>CABRERA: Now, there was some optimism, let's talk about the potential deal because the President held his bipartisan meetings this week. Since then, the President have been inconsistent of what has to be in the deal for him to sign it. Let's listen.</s>DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I think my decisions are going to be with what the people in this room come up with. If they come to me with things that I'm not in love with, I'm going to do it because I respect them. We need the world for security. We need the world for safety. We need the world for stopping the drugs from pouring in. But any solution has to include the wall. Because without the wall, all this would not work.</s>CABRERA: Why isn't the wall effective?</s>NAPOLITANO: You know, as I would like to say, show me a ten-foot wall, I will show you a twelve-foot ladder. The border will either be over, you know, with ladders or tunnels, that's not the way the border works. And the way that border works is you need technology, you need manpower along the border. And that kind of strategy is what has led us and began in the Obama administration. It is continued under the current administration to record low illegal crossings. So adding a wall does nothing. It is a huge expense. And it is a detraction from what actually will work.</s>CABRERA: I know that this is an issue that you are extremely passionate about, given you laying the ground works of what we are seeing now during your administration as ahead of the department of homeland security. California now where you call home where you lead this University of California system, California is home to the most DACA recipients in any single state. And according to your website, there are an estimated 4,000 undocumented students as part of the UC system. Many of whom are protected under DACA. As President of the system, how will doing away with DACA impact your students and campuses? What will it mean for their life?</s>NAPOLITANO: You know, it is really a tragedy. These young people have been raised in the United States. They really only know the United States as home. They done everything we have asked of them in terms of getting their education, they gotten admission in the University of California which is a very competitive system. They are very talented. And they need DACA a, for protection from deportation and also for that very important authority to work while they go to school.</s>CABRERA: Our thanks to former DHS secretary Napolitano. Still ahead, back to our breaking news, the terrifying half hour in Hawaii this morning, a statewide message went out saying a ballistic missile was on the way, but this was a false alarm. We will take you there live coming up. Plus, from Cecil the lion to