New Dustin Inman Society

  • facebook
  • x
  • youtube

"One of the penalties for refusing to participate in politics
is that you end up being governed by your inferiors."
Attributed to Plato

WE SUPPORT POLICE OFFICERS • ALL LIVES MATTER

  • Home
  • Sign up for alerts
  • Mission Statement
  • DIS ADVISORY BOARD
  • New DIS Blog
  • Original DIS Blog
  • CONTACT US

Appeals Court: DACA is Unlawful – illegal aliens: “DACA is not enough”

October 7, 2022 By D.A. King

Illegal aliens protest in American streets. photo: USA Today.

From the Center for Immigration Studies

The new DACA regulation is subject to the same legal defects as the original program

“The creation and maintenance of the DACA program is one of the strongest pull factors that have ignited modern border crisis.”

By Elizabeth Jacobs on October 6, 2022

On October 5, 2022, the Fifth Circuit Court of Appeals ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful, but remanded the case to the lower district court to reconsider the legal challenge as it applies to the U.S. Department of Homeland Security’s (DHS) new DACA regulation.

The Court of Appeals affirmed the district court’s decision finding that the original program, which was created by a DHS memorandum in 2012, violated both procedural and substantive law, stating that “Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them. We agree with the district court’s reasoning and its conclusions that the DACA Memorandum contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization.”

The decision allows current DACA recipients to maintain and renew their DACA status and work authorization while the case is pending resolution in the district court. DHS, however, is prohibited from approving new (or “initial”) DACA applications. Despite this order, USCIS has decided to continue to accept initial applications, but will only process renewals while the court order is in effect. The final DACA regulation does not go into effect until October 31, 2022.

Background. By way of background, DACA provides immigration benefits, including lawful presence, employment authorization, and forbearance from deportation to certain aliens who are in the United States illegally. In addition to other eligibility criteria, these aliens must have been under the age of 31 on or before June 15, 2012 and have entered United States prior to 2007, thus making the eligible population between the ages of 26 to 42 years old.

In July 2021, the U.S. District Court for the Southern District of Texas ruled that DACA’s creation in 2012 via a three-page policy memorandum violated the notice-and-comment requirement under the Administrative Procedure Act (APA). The ruling went further, however, to hold that the program is also substantively invalid because DACA “is an unreasonable interpretation of the law because it usurps the power of Congress to dictate a national scheme of immigration laws and is contrary to the INA.” The court explained, “While the law certainly grants some discretionary authority to the agency, it does not extend to include the power to institute a program that gives deferred action and lawful presence, and in turn, work authorization and multiple other benefits to 1.5 million individuals who are in the country illegally.”

While appealing this decision, DHS codified DACA by issuing a final regulation as an attempt to legitimize the program and strengthen the agency’s legal posturing. (The White referred to this as “preserving and fortifying” DACA.) Despite being bound by the district court’s ruling, DHS reached the incredible (and unlawful) conclusion that it can continue with rulemaking because it disagrees with the court. DHS acknowledged the full extent of district court ruling in a footnote in the proposed DACA regulation, writing “The district court in Texas II also concluded that ‘DACA is an unreasonable interpretation of the law because it usurps the power of Congress to dictate a national scheme of immigration laws and is contrary to the INA.’” Brazenly, DHS responded by stating, “The Department respectfully disagrees” and went on to reiterate the same view of DACA that the federal district court rejected in litigation.

The DACA Regulation Is Unlikely to Survive District Court’s Review. In its July 2021 decision, the district court signaled that a regulation codifying the program would not survive legal scrutiny so long as it continued to directly conflict with numerous federal statutes. The court explained that, “Against the background of Congress’ ‘careful plan,’ DHS may not award lawful presence and work authorization to approximately 1.5 million aliens for whom Congress has made no provision.” The district court determined that Congress has expressly not authorized DACA.

DACA is more than, as DHS purported in litigation, an exercise of prosecutorial discretion resulting from limited agency resources. Like the original program, DHS’s new DACA regulation ignores statutorily mandated removal proceedings and goes further to provide immigration benefits to aliens with no lawful access. Because the regulation leaves intact nearly all of the original program’s benefits and features, it is still subject to the same legal issues.

Furthermore, the new DACA regulation does nothing to fix the legal issues the district court found the program created by allowing DACA recipients to receive advance parole. Advance parole is a privilege that allows aliens to leave the United States and then lawfully re-enter the country without being turned away at a port of entry. It is designed to be awarded only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.

As explained in detail by the district court, by allowing DACA recipients to receive advance parole, the program (and now regulation) directly contradicts Congress’ scheme to restrict green card eligibility from aliens who have not been “lawfully admitted or paroled into the United States” and subverts the three- and 10- year bars Congress inserted into the Immigration and Nationality Act to prohibit aliens who have been unlawfully present in the United States for 180 days or 365 days, respectively, from reentering the country for three or 10 years. Because the district court recognized this conflict when analyzing the 2012 DACA memorandum, there is little reason to believe that the district court will find that the regulation, which expressly permits this practice, is valid.

DACA Is Bad Immigration Policy. The creation and maintenance of the DACA program is one of the strongest pull factors that have ignited modern border crisis… Please read the rest here at CIS.

 

Filed Under: Older Entires

AMNESTY

Barbara Jordan on illegal immigration – Audio from CIS.org ‘Who Was Barbara Jordan and Why Does Her Work Still Matter Today?’

“ILLEGAL ALIEN”

Image: Dreamstime.com

Know the media

Immigration amnesty education

MEDIA WATCH

BIRTHRIGHT CITIZENSHIP

BLACK LIVES MATTER * ANTI-ENFORCEMENT

May Day rally in San Francisco, CA, 2017. CREDIT: Pax Ahimsa Gethen (CC).

The Illegal Alien Lobby

THE ILLEGAL ALIEN LOBBY

11th Circuit Appellate Court: DACA: NO LAWFUL PRESENCE, NO LEGAL STATUS

Image: Wikipedia

The Dustin Inman Society Blog

D.A. King, 1 April 1952 – 5 March 2025

March 23, 2025 By Fred

We are sorry to inform you that D.A. King, President and founder of the Dustin Inman Society, has left us.

Donald (“D.A.”) Arthur King, 1 April 1952 – 5 March 2025.

D.A. King left this life and his work for the nation that he loved, confident that he has done his best. D.A. passed on peacefully after a private battle with cancer.

“Once a Marine, always a Marine” – D.A. was always visibly proud of his service and his honorable discharge from the U.S. Marine Corps (1970-1976).

D.A. described himself as “pro-enforcement” on immigration and borders, an issue on which he dedicated the last 21 years of his life as an expert activist, writer and public speaker.


D.A. King talks amnesty, “hate” and “immigrants” with Jorge Ramos on Univision

https://youtu.be/w6FPMn0h4fk

Illegal immigration is not healthy for Americans

Brian Kemp’s first TV campaign ad, 2018

https://youtu.be/Gx7TsHCH35w

Dustin Inman Society page A-1, New York Times

Photo: New York Times/Twitter

Feb. 21, 2023 National Press Club Panel: OVERRUN – “The Greatest Border Crisis in History” From the Center for Immigration Studies

https://youtu.be/seND4qGrvxY

John Stossell: The Southern Poverty Law Center is a scam

https://youtu.be/k41PI54ExFc

The Great Terry Anderson (RIP) on illegal immigration in Los Angeles. – 2009

https://www.youtube.com/watch?v=dUEl8WYDDus

Terry Anderson video, part 2 – Birthright Citizenship

https://www.youtube.com/watch?v=6SS-5u8CMB4

RECENT BLOG ENTRIES

Open records request to TCSG Dec 2, 2024 – “We anticipate having the documents you are requesting to you no later than Friday the 13th of December. “- “At this time, the requested records do not exist.”

Welcoming Illegal immigration to Georgia with special treatment on college tuition

Retraction demand letter to Atlanta Journal Constitution newspaper (updated, Nov. 2, 5:55 AM)

Media request sent to Technical College System of Georgia – OCGA 50-36-1 – Employers in Apprenticeship program — Updated with response

Open records request of Sept. 24, 2024 to TCSG, Re: HDAP, employer docs and response OCGA 50-36-1 – SB 497

COBB COUNTY SHERIFF CRAIG OWENS IS A DANGEROUS MAN

The AJC was the ‘Dinner Chair’ for the 2004 Atlanta MALDEF fundraiser

Response from Senior Admissions Counselor at the College of Coastal Georgia to inquiry regarding Dual Enrollment, illegal aliens and no-cost classes

Open records request sent to TCSG on July 8, 2024 Re: Compliance with new language added to OCGA 56-36-1 in 2024 SB 497

Media request sent to the Technical College System of Georgia (TCSG) Re: Comment on the Addition of “Apprenticeships” to list of public benefits, OCGA 50-36-1 *Updated with reply

Open Records request sent to the Cobb County Sheriff’s office 4:56 AM, Thursday, June 6, 2024. 287(g) – Updated with response(s)

Biden violates federal law to give millions of migrants work permits

The Dustin Inman Society on the CIS podcast with Jessica Vaughan: HB 1105 and SB 354 – “Enforcement works!”

Why Are the Charities Enabling Illegal Immigration Still Tax-Exempt?

Tyler O’Neil: SPLC Fought Reforms That Might Have Helped Prevent Laken Riley’s Death, Immigration Activist Says

GALEO Inc. donors include the SPLC – $100,000

D.A. King in The Federalist this week: Laken Hope Riley’s Murder Outs Georgia As Largely A Sanctuary State

We remember: Candidate Brian Kemp’s 1st TV campaign ad, 2018 GOP Primary “Conservative candidate Brian Kemp will …enforce the ban on sanctuary cities.”

Illegal Immigration in GA: Dustin Inman Society Statewide Poll of Georgia GOP primary voters – Conducted by Landmark Communications Feb 13-15, 2024

It’s not 1859 – Let’s raise the pay for farmworkers who are here legally

Unaccompanied Alien Children (UACs) released into GA, 2020-2023 – data from U.S. Dept. of Health and Human Services

The SPLC is funding “Latinx” groups to advance foreign language voting

‘Terrorist Entry Through the Southwest Border’ – audio interview with expert Todd Bensman of CIS

Open records request GADOL (#3) – Affidavits/EADs *Updated

List of media members to whom we sent a “news tip” on GA Gov. Brian Kemp ignoring Dem sheriff’s open violation of state law, OCGA 42-4-14

Dustin Inman Society featured in Breitbart story: “For example, King is now trying to get the GOP governor of Georgia, Brian Kemp, to enforce a Georgia law that requires sheriffs to report jailed illegals to the federal government”

We have serious compliance problems in Georgia OCGA 42-4-14

Illegal alien captured in Gwinnett County, GA, detected by 287(g): Aggravated child molestation by sodomy, from ICE report


OLDER ENTRIES


REMEMBERING BARBARA JORDAN ON IMMIGRATION

Barbara Jordan. (Biography.com) "Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave." - Testimony of the late Barbara Jordan, Chair, U.S. Commission on Immigration Reform on February 24, 1995.

ORIGINAL WEBSITE

The Dustin Inman Society Logo

Video

ACCUSED KILLER OF DUSTIN INMAN WILL NOT BE RETURNED TO THE U.S.

Associated Press: “Some illegal immigrants can get Georgia driver’s licenses”

Georgia drivers license issued to non-citizens. Photo DDS

GEORGIA LAW REQUIRES JAILERS TO REPORT ILLEGAL ALIEN PRISONERS TO DHS

MAKE YOUR VOICE HEARD!

testlll
CLICK BUTTON TO SEE LATEST ACTION NEEDED

Follow these other immigration experts on Twitter

contact georgia state legislators

State House Reps and state senators – contact georgia state legislators here.

If you don’t know who represents your and your family in Atlanta, you can find out here.

Contact the Georgia Delegation in Washington

Contact info for the Georgia delegation in Washington DC here. Just click on their name.

Copyright © 2025 All Rights Reserved • Web Pages by Classic Impressions • www.thedustininmansociety.org

 

Loading Comments...
 

You must be logged in to post a comment.