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Court rules Obama-Era DACA Amnesty Program Unlawful

Court rules Obama-Era DACA Amnesty Program Unlawful

5th Circuit Court of Appeals rules DACA is unconstitutional.

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.”

From The Blaze

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.


  • Steven Ahle

    My investigation into a DHS program that instructed law enforcement to treat Christians as terrorists won me the 2014 CJN Journalist of the Year award. Here is a video of Glenn Beck reading my article on his program: I am a troll bridge. You can cross me, but you will pay a price.

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Comments 18

  1. Vicki says:

    DACA NEEDS TO END. Send them back to their countries.

  2. 1947 says:

    Lets just change the sign a little bit since this has been ruled as an illegal program, but what the heck, Democrats support crime programs every day. Change sign in the picture above to “Fight for Murders and Rapists” Makes as much since.

  3. Maria says:

    Why, if the law is unconstitutional and the President had no legal power to pass this law under his Executive Power, must our country amd our courts honor it? Isn’t illegal “illegal?” 600,000 illegals then plus 2 million illegals now is still illegal! Send them home.

    • SammyD says:

      That logic there is just plain Common Sense. The America that once would have adhere to that, no longer exists. We Truly are living in a Banana Republic.

    • SammyD says:

      By the Way, that number is more than 1.3 million, last that I calculated it. Pretty sure that it is well North of that. 600,000 was just a figure head total to pass the package. It has been raised several times before the Obamanation left the White House.

      • Sandra Lee Smith says:

        All the numbers the left uses are way short of the realities. I’ve lived in border states since ’79. The trafficis always into the US, not out in any appreciable numbers! The left was allowing for 11 million in the ’90s; they were STILL trying to claim only that number when “Biden” was installed. NONSENSE! The number is likely much closer to 50 million illegals here. It’s not our job to raise others’ kids, or support foreigners here! Ship them all home, line our border with armed troops & orders to shoot any who set foot on our soil unlawfully. Asylum seekers can apply before they come or not at all! Most claiming it are ineligible anyway.

  4. Ralph Ormsbee says:

    There should be no rights for the ones here already because they came here by open border We are a nation that does not have open boarders, and the people have voiced load and clear we do not want open boarders. The only reason for open boarders now is because the Democrats want illegal drugs, human trafficing, illegal voters, murders for their gains, and illegal dealings by the Government. At this time the Government is 100% illegal, we have a government that serves themself’s and not the nation.

    • SammyD says:

      Bingo! That is the Truth of the matter. The Democrat Party, and their RINO brethren, are nothing more than Progressives, the embodiment of evil intentions.

      • Sandra Lee Smith says:

        Truth is they’re REGRESSIVES; our Constitutional Republic was the greatest human PROGRESS in history, before or since! Those in power are going BACKWARDS toward medieval tyranny; think nobles & serfs, with no middle class! Remember Robin Hood & Ivanhoe, or a bit of King Arthur? Like that…

  5. SammyD says:

    Obama blatantly violated the Constitution of the United States on this and several other occasions. Yet there was not one single person that lifted a finger to stop that despot. Not one! Congress looked the other way. The Courts looked the other way. The DOJ looked the other way. The US Military looked the other way when he committed an Act of Treason by aiding and abetting islamic radicals and terrorists in North Africa, Oman, Iraq, and Syria.

    The Courts ruled that DACA was illegal from the very onset, yet it was allowed to continue. Imagine robbing a bank. The Courts state that you violated the Law and committed a criminal act. Instead of a Sentence being handed to you with the Verdict, the Court rules that can keep your freedom and the money that you stole! That is a very accurate analogy of what these illegal invaders are doing…robbing Americans blind and stealing our Children’s futures. Somebody has to be displaced and it is our American Children that are the ones paying for it.

    • Sandra Lee Smith says:

      Yes, it is, & you’re correct about O, as far as you went, but his crimesSTARTED when he tossed his hat in the ring for IL’s Senate seat, KNOWING he was Constitutionally ineligible! To run for Senate 1 must be an US citizen,of which there is 0 evidence for O. The COLB from HI only states a live baby was registered in the state, & proves nothing of his nativity. The only legitimate BC ever shown for him is fron Coast General Hospital in Mombasa, Britsh East Africa (now Kenya). When he moved to Indonesia & was adopted by Soetoro, he became a cutizen of Indonesia. His mother was too young to lawfully confer citizenship to her foreign-born son. After his move to Hi to live with his grandparents, there is NO sign he ever naturalized (he still wouldn’t have been eligible to the office of POTUS or VPOTUS); effectively he was here on a student visa which expired decades befor his senate run. Now you know why the DACA mess: he’s 1 of them!

  6. akashara says:

    It doesn’t matter, because they are being allowed to stay even though Obama’s ploy to get more voters was illegal, they are being allowed to stay.

  7. sam says:

    All Illegals need to go and Obummer needs to be arrested

  8. Nick1 says:

    Biden and Harris both need to be Impeached for breaking our laws and Myorkas needs to be removed without a pension.

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