G. McConway
September 15, 2023

Federal Judge Rules DACA Illegal

If you can believe it, DACA is still working its way through the courts.

In fact, a recent ruling was quite a blow to the Obama legacy program.

A federal judge in the great state of Texas just ruled that the program, the Deferred Action for Childhood Arrivals (DACA), is illegal, reported the Daily Wire.

Here We Go Again

The GOP has always stood firm that the Obama program violated the Constitution.

This issue has been bouncing around in the courts for years, and I question if it will ever truly be solved.

Judge Andrew Hanen of the Southern District of Texas ruled that Obama usurped congressional authority when he put this program in place.

In his opinion, Hanne stated, “While sympathetic to the predicament of DACA recipients and their families, this court has expressed 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. Congress, for any number of reasons, decided not to pass DACA-like legislation.

“Congress’ alleged failure to pass, or, stated differently, its decision not to enact legislation, does not empower the Executive Branch to ‘legislate’ on its own — especially when that ‘legislation’ is contrary to actual existing legislation.

"The Executive Branch cannot usurp the power bestowed on Congress — even to fill a void."

The Biden administration has already announced that it plans to fight the decision.

This case will wind up before the Supreme Court, but I would not get my hopes up. If you recall, the court voted 5-4 in 2020 that Trump could not end the program.

Also, keep in mind, that this issue could have been settled during the Trump administration when Trump offered amnesty for millions of DACA recipients with the caveat that the program would be ended.

Democrats, of course, refused the deal, so here we are again.

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