Obama ‘Dreamers’ Program Declared Illegal by Federal Judge
The Deferred Action for Childhood Arrivals program, which protects the children of illegal immigrants from deportation, is illegal, a federal judge has ruled. The program was created by the stroke of President Barack…
The Deferred Action for Childhood Arrivals program, which protects the children of illegal immigrants from deportation, is illegal, a federal judge has ruled.
The program was created by the stroke of President Barack Obama’s pen in 2012 and currently protects about 580,000 of what are called “Dreamers,” according to CBS.
Judge Andrew Hanen of the Southern District of Texas issued the ruling, according to CNN.
“Litigation revolving around the legality of DACA, in one form or another, has existed for nearly a decade,” he wrote.
“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its 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,” Hanen wrote.
Hanen wrote that there were no “material differences” between the Obama-era policy and the Biden administration’s rule hoping to keep DACA alive as a regulation, according to CBS.
“As such, the Final Rule suffers from the same legal impediments,” he wrote.
“Congress’s 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,” Hanen wrote, adding, “The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void.”