Federal Judge Rules DACA Illegal, Just As Obama Stated

Remember this?

(Heritage) President Donald Trump has caught a lot of heat for rescinding the Deferred Action for Childhood Arrivals program with a six-month wind-down. Few people seem aware that he’s ending an administrative amnesty for illegal aliens that President Barack Obama lacked the constitutional and legal authority to implement.

How do we know? Because even Obama admitted it – repeatedly.

Responding in October 2010 to demands that he implement immigration reforms unilaterally, Obama declared, “I am not king. I can’t do these things just by myself.” In March 2011, he said that with “respect to the notion that I can just suspend deportations through executive order, that’s just not the case.” In May 2011, he acknowledged that he couldn’t “just bypass Congress and change the (immigration) law myself. … That’s not how a democracy works.”

And now

DACA Ruled Unconstitutional, Rescuing Dreamers Moves to Congress

The DACA program protecting from deportation hundreds of thousands of “Dreamers” who came to the U.S. as children has suffered a major blow, after a federal judge ruled that it was implemented unconstitutionally.

U.S. District Judge Andrew Hanen of Houston issued his ruling Friday in a suit brought by Republican-led states over the Deferred Action for Childhood Arrivals program, which was implemented by the Obama administration on behalf of almost 650,000 Dreamers fighting to stay in the country.

“Although Congress may someday enact such a Dream Act, until it does, its continued failure to pass bills coextensive with the DACA population evinces a rejection of this policy,” Hanen said in a 77-page decision, which noted widespread sympathy for Dreamers. “As much as this court might agree with these sentiments, and as popular as this program might be, the proper origination point for DACA was, and is, Congress.”

None of the current Dreamers are set to be deported, and can acquire renewals, but, per the ruling, no new ones may be accepted. And the case goes to the Fifth Circuit Court of Appeals, which is loaded with Trump appointees, and potentially going to the Supreme Court. No guarantee there

Hanen’s decision ultimately sets the case back on track to the U.S. Supreme Court, which ruled in June 2020 that Trump couldn’t arbitrarily end DACA without following federal rule-making procedures and providing a good explanation. The Texas challenge asked the same legal question in reverse, whether former president Barack Obama violated federal procedures when he implemented DACA without congressional approval in 2012.

Trump was ending a program that was un-Constitutional and outside the power of the Executive Branch. Why would he need any explanation other than that. It does show that he needed better lawyers, though, because they did a terrible job.

As one of his first acts, President Joe Biden signed an executive order for the Homeland Security secretary to “preserve and fortify” DACA, and the agency says it will undergo the formal rule-making process Texas claims Obama illegally skipped. The U.S. House of Representatives has also passed a bill to give all DACA recipients lawful permanent residency, and a bipartisan companion bill that protects Dreamers is under consideration in the Senate.

This is really about creating more Democrat party voters. And DACA rewards the parents who brought the kids here illegally/overstayed their visas. Illegal alien activists can call it all “cruel”, but, we either have laws or we rule by feelings.