The Fifth Circuit Court of Appeals has ruled that DACA is illegal and that Biden cannot add any more to the program or extend it for those whose time has expired. The ruling is the same as it was for DAIA and for the same reason.
Although a president can allow illegal aliens to stay in the country, he has no power to give them benefits of any kind, including work permits. It was appealed to the Supreme Court, which was deadlocked at 4 to 4.
Deferred Action for Childhood Arrivals, also known as the “Dream Act,” was illegal but it could stay in force for the 600,000 already in the program.
DACA was put in place by Barack Obama. He did so after admitting several times that he did not actually have the power to do so. DACE allowed children who were brought into the country could stay and that they would receive work permits and other benefits. The 5th Circuit Court affirmed that Obama did not have the power to do so.
The three-judge panel for the court affirmed a lower court ruling from July 2021 that said Obama did not have the constitutional authority to implement the program via executive memo. They ruled that only Congress has the power to write laws that would make such a program legal.
The ruling stated:
“We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption. Given the ‘uncertainty of final disposition and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients.”
Democrat Rep. Chuy Garcia of Illinois said:
“While this decision brings relief to current DACA recipients, it underscores the urgent need for Senate action on The Dream and Promise Act. We must provide long-term stability for DACA recipients and not close the door on the many young people who already call this country home.”
An appeals court ruled that the Deferred Action for Childhood Arrivals, also known as the “Dream Act,” was unlawful, but said it could stay in force for the 600,000 “Dreamers” who had already obtained the status.
The DACA program was put into place by former President Barack Obama, a Democrat, in 2012 after saying numerous times that he did not have the constitutional power to do so. The act allows illegal immigrants who arrived in the United States as children to remain on U.S. soil.
On Wednesday, the 5th Circuit Court of Appeals agreed with Obama that he did not have the power to pass such an amnesty program without Congress passing a law.
The three-judge panel for the court affirmed a lower court ruling from July 2021 that said Obama did not have the constitutional authority to implement the program via executive memo. The newest ruling keeps the injunction in place against new applicants.
My guess is that the4 Senate will now try to pass legislation making DACA legal, but I seriously doubt they will make the effort until after the midterm election in order to save Democrats in border states. They will have about two months after the election at which time they will try to pass every radical bill they can before the Republican takeover.