Appeals Court Rules Against DACA Immigration Program
Category: News & Politics
Via: vic-eldred • 3 years ago • 35 commentsBy: Michelle Hackman and Alicia A. Caldwell (WSJ)
S E E D E D C O N T E N T
A federal appeals court ruled Wednesday that an Obama-era initiative that provides deportation protections and work permits to some young immigrants is unlawful, placing the decade-old program in jeopardy.
The decision, by the Fifth U.S. Circuit Court of Appeals, largely affirmed a 2021 ruling by a federal district judge in Texas, who found the Deferred Action for Childhood Arrivals program, or DACA, was an overreach of presidential authority because Congress never gave the executive branch the power to grant mass reprieves to immigrants who are residing in the U.S. without authorization.
A Fifth Circuit three-judge panel said DACA was “manifestly contrary” to federal immigration law.
The earlier ruling allowed the program to continue for existing DACA recipients for the time being while litigation continued. The Fifth Circuit likewise declined to cancel the program immediately for current recipients while additional court proceedings continue.
Wednesday’s decision also didn’t address recent efforts by the Biden administration to shore up DACA’s legality . The appeals court said the Texas district court should consider that issue first.
The Department of Homeland Security in August reissued the DACA program as a federal regulation after a public-comment process. That regulation is set to take effect on Oct. 31.
DHS Secretary Alejandro Mayorkas said the agency was reviewing the ruling and will work with the Justice Department on a response. He also emphasized that current DACA recipients still enjoy protections for now.
The fate of DACA recipients—and, more broadly, the group known as Dreamers, immigrants in the country without authorization who were brought to the U.S. as children—has become a flashpoint in the larger fight over immigration reform. The continuing legal and political battles over the program have created years of uncertainty for the nearly 600,000 young immigrants who depend on the legal protections.
Texas and other Republican-led states challenged DACA’s legality in a 2018 lawsuit, arguing the program has cost them money in the form of issuing driver’s licenses and other documents to DACA recipients. A year earlier, former President Donald Trump had attempted to end the program, though his action was also challenged in court by DACA recipients and Democratic-led states.
The office of Texas Attorney General Ken Paxton didn’t immediately respond to a request for comment.
DACA offers temporary protections to immigrants in the country without legal authorization who were 30 years old or younger when the program was announced. DACA recipients must have arrived in the U.S. before they turned 16, by a cutoff date in June 2007, and satisfied other conditions, including being a student or graduate and having no significant criminal record.
The Obama administration created the program to protect the immigrants after Congress failed to pass a bill providing them a path to citizenship.
Wednesday’s ruling is expected to add fresh urgency to sputtering bipartisan immigration talks in Congress. Democrats and many Republicans favor creating a permanent legal status for the Dreamers, though they disagree about what other measures—such as creating additional penalties for migrants illegally crossing the southern border—should accompany such a proposal.
Juan Carlos Cerda, a deputy campaign director for the American Business Immigration Coalition and a DACA recipient, said the ruling marked another frustrating moment. “Once again, we are forced to wait on edge for another court to render a decision that will determine our futures and the fate of our families,” he said.
Tags
Who is online
55 visitors
It was always illegal. Why do we allow presidents to get away with it?
Mayorkas is waiting to see what the ruling is so that they can work to circumvent the laws again.
Because of garbage like this, BILLIONS is being wasted on illegals that should have gone to US Citizen and immigrants who are here legally..
Now that they have provided their contact info, INS should have no trouble finding and deporting their illegal ass’s
That is what should happen; but we all know Biden has issued orders that unless they break a US criminal law they won't be touched. Breaking our immigration laws doesn't count to Democrats
"Come here Legally or not at all" needs to be written under that!
Actually, I agree with that. But the problem that I think should be solved is those who may have come illegally many years ago, have good jobs, pay their taxes, etc. i.e. the DACA ones, and I don't believe they should be deported, but should be naturalized.
Illegal is illegal. They need to go through the same process as everyone else.
They can give them extended green cards so they can legally live and work in the US. So long as they don't commit any crimes their green cards remain good. They can hire immigration lawyers, and go through the same process as any other legal immigrant applicant coming to the US.
I have nothing against legal immigration. In fact I don't know anyone that does. I have two friends from college that came to the US to study and went through the legal naturalization process. It took years; and they had to reapply for green cards several times to stay. I have great respect for both of them for doing it the correct way.
Now if you want to talk about streamlining the naturalization process for those that want to come here legally- all for it; but that is something Congress must do. Neither party has any real interest in it. Democrats want general mass amnesties (which makes coming here legally completely worthless); and Republicans want the process so exclusive that none but those that offer unique skills are let through (doctors, engineers, etc.)
DACA just encourages more illegal immigrants to come and bring their young children. Knowing that families will not be expelled; and that future DACA's will be given to protect their children.
The solution for that is simple. Give them a suspense to begin the process to become LEGAL citizens. Say 30 days. If the process isn't at least started by a certain date, then they are removed from the country.
For those seeking asylum, better accountability is needed. Right now there is no accountability for them.
There is no need to change the laws. Millions have come into the country under the existing rules. Those crossing illegally can do it the same way.
I agree, but that's not what DACA does.
DACA just says "we're not going to deport you.... today.... but we might change our minds".
It just isn't.
There is no sane way to equate "I was brought here as a 2-year-old" with "I brought my 2-year-old".
Great idea.
Don't you have to already have here prior to 2012 to be eligible for DACA?
That's when they had to go thru Ellis Island
Thank you. I didn't know that. I appreciate your gracious rather than nasty reply.
[deleted]
That is a good slogan for a scrap yard or recycling center,
LOL. So it is.
Buzz - Many people, even Americans, mistakenly use this poem as a plea for all types of immigration, but it's very misguided. Here's why ...
Emma Lazarus reluctantly wrote "The New Colossus" as an entry for an NYC political fund-raising contest for the pedestal, and it had nothing to do with immigration - legal or illegal. Further, the poem's plaque wasn't installed on the pedestal until approximately 20 years after her death.
There are many other sources about this, if you'd like to read more.
Thank you Jasper. I won't make the same mistake again.
So it's the fault of republicans that Obama set some illegal shit up. How stupid is this clown?
"Nobody fucks with a Biden" - Joe Biden, yesterday.
I thought that was hilarious.
Those born here (anchor babies) are automatically citizens, I believe.
Those brought here as children should be fast tracked to citizenship
Correct.
Anything other than deferment (the DACA rule) must be done by Congress and they (both sides) have failed to act. This is too big a wedge issue for them to do anything helpful.
That law needs to be fixed ASAP. Just being born here should not make anyone a US citizen. One parent at least must be a US citizen.
Give them extended green cards so they can live here and work; and will remain good so long as they don't break the law. But they need to go through the same process as any other immigrant wanting to legally become a US citizen.
The naturalization process needs to be streamlined; but that is up to Congress- and they are too partisan and stupid to fix it.
That's exactly what DACA was for.
It needs to be streamlined AND needs more people to process applications and yes, that would take an act of Congress. They aren't stupid it is being using it as a wedge issue. Rubio & Graham voted against their own immigration fix bill when it was judged not "conservative enough" by the MAGA populists.