The Democrats ate panicking. They were one step closer to at least partial amnesty thanks to Obama’s DACA program. But, the Fifth Circuit Court of Appeals struck down the program, but they are allowing current recipients to remain. Presumably, until their work permits run out.
Now, they are all running around angry because the majority followed the constitution. Although it gives the president to halt their deportation, he does not have the power to give them benefits not voted on by Congress.
The 5th Circuit three-judge panel determined on Wednesday that Obama did not have the power to initialize the DACA program by Executive Order and that Congress would need to write a law in order to allow DACA to stand.
The House has already passed the bill, but now it goes to the Senate, where it must garner 60% of the votes in order to pass. I do not think they will even try until after the midterms because they do not want to hurt their chances any more than they already have.
The decision upholds a 2021 Texas court ruling and prevents new enrollments. For now, previous enrollees may remain in the program. They could be eliminated as their work permits expire, although Biden could then prevent their deportation. There are currently about 700,000 currently enrolled in the program.
With the program on ice, Democrats who have been calling for years for a pathway to citizenship for millions of illegal immigrants, are renewing those calls.
Senate Majority Leader Chuck Schumer said in a statement:
“While this ruling keeps the existing DACA program in place, it continues to deny other eligible recipients the possibility to receive protection. For these reasons, it is time for Republicans to join Democrats in supporting legislation that will codify these life-saving protections and ensure Dreamers have the opportunity to finally receive the citizenship they’ve worked hard to earn.”
Sen. Alex Padilla, D-Calif., said the ruling “further underscores the need for Republicans to work with Democrats to swiftly take up and pass legislation” to grant “permanent protections” for DACA recipients.
“Dreamers are integrated in our communities and contribute billions of dollars to our economy. They work as teachers, nurses, farm workers, and in many other essential jobs — and they deserve relief once and for all. I call on all my colleagues to treat this issue with the urgency it deserves,” he said.
Democrats and the Biden administration have pushed for a pathway to citizenship since day one of the administration — when the White House unveiled an immigration proposal that would give a pathway to citizenship to millions of illegal immigrants, including immediate green card eligibility for DACA recipients.
However, Democrats have been scuppered by a slim majority in the House and a 50-50 Senate, where 60 votes are needed to break the filibuster. Republicans have so far ruled out granting amnesty to illegal immigrants until the crisis at the border is resolved.
The Democrats tried to get backdoor amnesty by putting it in a reconciliation package, but Joe Manchin scuttled the Build Back Batter Bill, robbing the Democrats of the 50 votes they needed in order for Kamala Harris to cast the deciding vote for passage.
The Democrats will try to push it through Congress between the election and the Republican takeover of the House and possibly the Senate.