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Federal Judge Again Rules DACA “Substantially Unlawful”

Federal Judge Again Rules DACA “Substantially Unlawful”

“The judge’s ruling is expected to be appealed to the U.S. Supreme Court.”

okay to use screen grab

The saga of Obama’s unconstitutional Deferred Action for Childhood Arrivals (DACA) is long, but here’s a brief recap. Obama couldn’t get Congress to work out amnesty on a large scale or even for so-called “Dreamers,” so he grabbed his trusty pen and wrote out the DACA ‘memorandum.’ It was not constitutional. Obama knew he didn’t have the power to do it, but he did it anyway. Democrats do that.

With Obama finally out of office, then-president Trump tried first to bargain for the wall with Democrats, and when that failed, he tossed the DACA back to Congress, giving them six months to get a DACA bill on his desk. They didn’t; he extended the deadline, and they again failed to act, so finally, Trump tried unsuccessfully to reverse it. I’m not a fan of DACA, but at least Trump was trying to make the thing legit by getting it passed through Congress and signed into law; when that failed, he rightly sought to eliminate it.

Nine Republican-led states have been challenging DACA, most recently opposing the Biden-era changes to the rule. On Wednesday, a federal judge declared it unlawful (again, he’s the same one who previously declared it unlawful in 2021).

Fox News reports:

A revised version of the federal policy known as the Deferred Action for Childhood Arrivals (DACA) program which prevents the deportation of thousands of immigrants brought to the U.S. as children has once again been deemed illegal by a federal judge who gave the same ruling previously.

U.S. District Judge Andrew Hanen said in his decision Wednesday that on July 16, 2021, the court vacated the DACA program created by the 2012 DACA Memorandum, which prohibited the U.S., its departments, agencies, officers, agents, and employees from granting new DACA applications and administering the program.

Hanen’s decision then was affirmed by the Fifth Circuit Court of Appeals, and Wednesday, reaffirmed by him.

. . . . The decision comes more than a month after attorneys representing the states of Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi — all states that sued to end the Obama-era program — as well as lawyers for the U.S. Department of Justice and DACA recipients were to appear before Hanen to debate the issue.

Hanen, in 2021, declared DACA illegal, ruling that the program had not been subjected to public notice and comment periods required under the federal Administrative Procedures Act. He also said the nine states seeking to stop DACA had standing to file their lawsuit because they had been harmed by the program.

The Epoch Times has more:

U.S. District Judge Andrew Hanen’s ruling reiterated that the Obama-era federal policy is unlawful and should have come from Congress. DACA provides hundreds of thousands of illegal immigrants brought to the United States as children with a two-year renewable shield from deportation.

. . . . The nine Republican-led states also asked the court to phase out the program over two years, calling the Biden administration’s revised version “substantively unlawful” for the same reasons as the original Obama-era DACA Memorandum.

“The Court should declare it unlawful and unconstitutional, vacate it in its entirety, and permanently enjoin its implementation (with a prudent transition for existing DACA recipients),” their lawsuit, filed earlier this year, stated.

. . . . Mr. Mayorkas said that the United States has “been enriched” by the young people on the DACA program, referred to as “Dreamers,” contending that they “have known no country other than the United States as their own.”

The plaintiff states, meanwhile, argued that President Biden overstepped his constitutional authority by renewing DACA without getting approval from Congress.

Judge Hanen agreed, maintaining in his ruling on Wednesday that the revised version of DACA is unconstitutional and that the policy should come from Congress.

The judge’s ruling is expected to be appealed to the U.S. Supreme Court.

I hope that the Court does take this up because it really needs to be settled one way or the other. It’s clear that Congress will not be able to get its act together to pass it into law, and it seems unlikely the Court will “legislate” in Congress’ place. But who knows?


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Yes it is

Shut the boarder down and stop all immigration till we send back all the illegals and figure out who is in this Country

Roberts looking up “how to punt” online as we speak.

CommoChief | September 14, 2023 at 8:20 am

This ruling presents another opportunity to bargain for a sane border security and immigration policy. Unfortunately the d/prog won’t bargain in good faith preferring to shout slurs of racism and xenophobia. Until the courts order the feds to submit a plan for orderly deportation to take place under judicial supervision I doubt much changes.

It isn’t just the border wall we need. We also need to stop most of the work visas being granted. Employers use them to artificially lower salaries by bringing in what amounts to a form indentured servitude. Then there’s the visa over stays for tourist and student visas which account for 1/3 + of the illegal alien population in the US. Ramped up interior detection, enforcement and deportation assisted by a more comprehensive E-verify made mandatory and tracking/reporting/taxing remittance originators is one way to gradually solve the issue.

    bill54 in reply to CommoChief. | September 14, 2023 at 9:18 am

    It’s the judicial supervision part of your solution I really doubt.

    Ironclaw in reply to CommoChief. | September 14, 2023 at 10:23 am

    You’re dreaming. The communists and their pedophile will do none of that regardless of who orders it.

    SeiteiSouther in reply to CommoChief. | September 14, 2023 at 11:47 am

    They didn’t bargain in good faith in the 80s on the same issue, so why change now?

      CommoChief in reply to SeiteiSouther. | September 14, 2023 at 4:38 pm

      Let’s offer the d/prog for those enrolled in DACA a yellow card not a green card; basically a legal status with no possible upgrade and a work permit in exchange for all the things that weren’t deliver on in the Immigration deal of ’86; interior enforcement, mandatory E-verify, deportation and very importantly punitive actions v employers hiring illegals. Claw back of all federal dollars from any entity public or private who hires an illegal alien plus jail time.

      The d/prog likely reject it but then it’s on them to explain to the DACA folks and the bleeding hearts why they, once again, refused a final deal for them. After that, eff em, deportation it is.

      Owego in reply to SeiteiSouther. | September 15, 2023 at 4:16 am

      Another can kicked down the road. We, the country and government, couldn’t address and solve the DACA problem when we had the opportunity; there is no chance – none, zero – that it can be done satisfactorily now with the backdrop of today’s “immigration” problem staring us in the face. It was a legislative and law enforcement matter. Looking to the Supreme Court, particularly this one it seems, will only make both problems worse. We ourselves, with help from our lawyers and politicians, have got ourselves in a terrible, terrible mess.

      Speaking of kicked cans, how’s that budget thing going?

    txvet2 in reply to CommoChief. | September 14, 2023 at 1:16 pm

    The libertarian in my screams, “NO MORE GOVERNMENT AGENTS/AGENCIES BREATHING DOWN OUR NECKS!!!, while the conservative in me says, “Hey, there are those 35000 new IRS guys that we can re-target against illegals”.

    henrybowman in reply to CommoChief. | September 14, 2023 at 1:47 pm

    “Employers use them to artificially lower salaries by bringing in what amounts to a form indentured servitude.”
    It’s the Democrats’ existential hobby-horse.
    Slavery. With official paperwork, of course.

DACA is a huge magnet for illegal immigration. We might feel bad for some of these kids but why reward families for wrongdoing? If a father robs a bank and uses the money to buy stuff for their kids, we don’t let the family keep it just because they become accustomed to the loot. Illegal immigration should be treated similarly.

    MattMusson in reply to dawgfan. | September 14, 2023 at 8:48 am

    On the other hand, if a kid goes K-12 in the USA we have invested $120K in his education. If we send him away, we don’t get any return on our $120k. If he is a drop out gang member, export him. If he is a hard worker with a high school diploma, make it possible for him to stay.

kelly_3406 | September 14, 2023 at 8:29 am

This saga is the reason that I do not think that DeSantis could have done any better than Trump against the Deep State.

Democrats and many corporatist Republicans want a flow of illegal aliens to ensure the availability of low-cost labor and the downward pressure on workers’ wages.

Trump did the right thing by seeking to overturn DACA in the Courts. It was already known that DACA was illegal, but the Court refused to overturn it. Then SCOTUS refused to get involved. There is no evidence that any president could have done much more in 2019.

One of Trump’s biggest accomplishments was forcing the Deep State to reveal its true nature as anti-republican and corrupt. This is just one example.

Whether Trump wins the nomination as now seems likely (or DeSantis surges in the end), a future Republican president now understands that he has to go scorched earth against the Deep State (e.g. fire everyone in the DOJ, replace the 7th floor of the FBI, + many others).

DeSantis is rightly campaigning on those things — for which I applaud him. But those planks would never have made it into his platform without the experience of Trump to show the deep corruption within these agencies.

I appreciate this article for the concise history provided by Fuzzy.

It’s all too late

See I told you abbots little balloons were all show

“The Mexicn cartel built a bridge from Mexico to the U.S., so illegals don’t have to get their feet wet walking across the river and Border Patrol, Secretary Mayorkas and Joe Biden are allowing it here in Yuma, Arizona,” Bergquam said.


And the main media never, ever show the pics of videos or give the real numbers of the invasion

That’s what it is

An invasion


Federal judge says DACA program illegal but declines to order its termination

Of course it’s unlawful. Only congress has the power to write laws.

2smartforlibs | September 14, 2023 at 10:25 am

This keeps happening and the left keeps saying yeah whatever and nothing changes.

E Howard Hunt | September 14, 2023 at 2:22 pm

The formal spelling is DARKER.

Tom Orrow | September 14, 2023 at 3:55 pm

How is it that 0bama could establish DACA with a memorandum, but Trump couldn’t abolish it with one?

Also, nice picture of Brandon channeling The Joker!

not_a_lawyer | September 14, 2023 at 7:30 pm

“Mr. Mayorkas said that the United States has “been enriched” by the young people on the DACA program”

Is this a legal argument? Do DHS attorneys include it in their pleadings?

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