Federal Court Declares DACA Program ILLEGAL and in Violation of U.S. Immigration Laws; No New Recipients Will Be Allowed

A federal appeals court ruled on Wednesday that the DACA (Deferred Action for Childhood Arivals) program for illegals violates U.S. immigration law. This deals a massive blow to the Obama-era program that provided deportation protection and work permits for nearly 600,000 “dreamers” who lack legal work status, also known as illegal immigrants if you follow the law.

All three judges on the panel of the 5th Circuit Court of Appeals concluded the Obama administration did not have the legal authority to create DACA in 2012, affirming a July 2021 ruling from a federal judge in Texas who barred the Biden administration from enrolling new immigrants in the decade-old illegal program that has hurt America’s sovereignty and immigration policies.

Despite its conclusion, the appeals court did not order the Biden administration to shut down DACA completely or stop processing renewer applications, deciding instead to leave in place an order from U.S. Judge Andrew Hanen that left the policy intact for current beneficiaries ONLY.

The government however is prohibited from approving any new DAC applications moving forward.

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The appeals court sent the case back to judge Hanen, tasking him with reviewing regulations that the Biden administration unveiled in August to address the legal challenges over the Obama administrations illegal creation of DACA through a memo, instead of a rule open to public comments.

The regulations are currently slated to go into effect on October 31.

The Justice Department, which represents the federal government in lawsuits, said it disagree with the ruling and vowed to “vigorously defend the lawfulness of DACA as this case proceeds.” This alone should show you how corrupt the American Department of Justice is, that they are now willing to go against not one, not two, but FOUR federal judges who have all ruled DACA is illegal and against U.S. immigration laws.

The Biden administration is sure to waste millions more of American tax payer dollars fighting for non U.S. citizens by filing an appeal, paving way for the conservative-leaning high court to issue a final decision and SMASH DACA’s legality next year, which most Americans hope they do.

Department of Homeland Security Secretary Alejandro Mayorkas said he was “deeply disappointed” by Wednesday’s court decision, denouncing the “ongoing uncertainty it creates for families and communities across the country.” He said his department would continue processing DACA renewal cases.

“We are currently reviewing the court’s decision and will work with the Department of Justice on an appropriate legal response,” Mayorkas added in his statement.

“We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption,” the court said.

The following is from CBS News:

As of June 30, 594,120 immigrants who were brought to the U.S. as children were enrolled in DACA, half of whom live in California, Texas and Illinois, according to data published by the U.S. Citizenship and Immigration Services (USCIS), the agency that administers the program.

Wednesday’s court ruling stems from a lawsuit filed in 2018 by Texas and other Republican-controlled states that have argued DACA was an overreach of the federal government’s immigration powers.

While DACA allows beneficiaries to live and work in the U.S. legally without fear of deportation, it does not qualify them for permanent legal status or citizenship. Those enrolled in DACA had to prove they arrived in the U.S. by age 16 and before June 2007, studied in a U.S. school or served in the military, and lacked any serious criminal record.  

The court ruling could create a renewed sense of urgency in Congress to pass legislation that places the program’s beneficiaries on path to citizenship, a proposal with robust bipartisan support among lawmakers and the American public.

For over two decades, however, proposals to legalize Dreamers have died in Congress amid intense partisan gridlock over other immigration issues. In the current Congress, Democrats would likely need to accept border security measures to secure the necessary number of Republican votes to pass such a legalization bill.

Thanks to our friends at CBS News for contributing to this article.

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