Federal Judge Knocks Down DACA, Rules Obama’s ‘Dreamers’ Scheme Illegal 'The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void... '
Posted by Mark Pellin
September 14, 2023
DACA
A federal judge rules DACA illegal. / PHOTO: AP
(Mark Pellin, Headline USA) A few minor tweaks and some revised language to Barack Obama’s 2012 executive fiat that sidestepped Congress to allow hundreds of thousands of immigrants brought into the country illegally to avoid deportation was ruled unlawful by a federal judge.
Democrats and leftists erupted in outrage at Wednesday’s ruling, even though it stopped short of immediately ending the Deferred Action for Childhood Arrivals program and will continue to afford so-called Dreamers their existing protections that shield children of illegal immigrants from deportation and allow retention of existing work authorizations.
As of March, there were upwards of 600,000 illegal aliens who remain in the country as Dreamers, according to U.S. Citizen and Immigration Services.
“Litigation revolving around the legality of DACA, in one form or another, has existed for nearly a decade,” U.S. District Judge Andrew Hanen wrote in his ruling.
“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time. The solution for these deficiencies lies with the legislature, not the executive or judicial branches,” Hanen wrote.
With the ruling, legal analysts have predicted DACA to eventually again land on the Supreme Court’s docket.
Hanen in 2021 declared DACA illegal, ruling that the program had never been subject to public notice as required by federal rules, but allowed the program the latitude he did in Wednesday’s ruling. The Biden administration tweaked some language in the original DACA decree and tossed in a public comment allowance, but Hanen ruled that it still suffered from its original flaw of circumventing Congress and that Biden’s attempt to codify it without proper authority was illegal.
“Congress’s alleged failure to pass, or, stated differently, its decision not to enact legislation, does not empower the Executive Branch to ‘legislate’ on its own — specially when that ‘legislation’ is contrary to actual existing legislation,” Hanen wrote in his ruling Wednesday. “The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void.”
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Poster Comment:
More abuse of E.O.s by the Halfrican. ;)