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DACA finally declared illegal – Center for Immigration Studies

July 19, 2021 By D.A. King

Reminder: Trump promised to end DACA “on day one…”

Center for Immigration Studies

By Robert Law on July 16, 2021

 

More than nine years after it was decreed, federal district judge Andrew Hanen has ruled on the merits that President Obama’s executive amnesty program known as Deferred Action for Childhood Arrivals, or DACA, is illegal.

On June 15, 2012, then-Department of Homeland Security (DHS) Secretary Janet Napolitano established DACA through a brief memorandum titled, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”. In just three pages, the Napolitano memo unilaterally implemented the general framework of the DREAM Act, amnesty legislation that Congress repeatedly rejected since 2001. Under the guise of prosecutorial discretion against immigration enforcement, DACA also awarded work permits and Social Security numbers to illegal aliens who claimed they entered the country before age 16 and met other criteria. At its peak, almost 800,000 illegal aliens benefited from DACA. According to U.S. Citizenship and Immigration Services data, there are currently approximately 616,030 illegal aliens who are active DACA recipients.

Emboldened after a few years of DACA operating on autopilot without legal challenge (though with plenty of outside commenters objecting), the Obama administration attempted to expand DACA and also create a new executive amnesty program for the illegal alien parents of U.S. citizen and lawful permanent resident children, known as DAPA. Judge Hanen drew that case and in February 2015 enjoined DAPA and the DACA expansion, finding that it violated the Administrative Procedure Act (APA). As Andrew Arthur previously explained, the Fifth Circuit affirmed Judge Hanen’s ruling in November 2015, which was then affirmed by an evenly divided Supreme Court in 2016. Subsequently, Judge Hanen drew the assignment for the legal challenge to DACA. On August 31, 2018, more than six years after DACA was implemented, Judge Hanen issued an order finding that that DACA likely violates the APA, but given the plaintiffs’ “unreasonable delay in seeking relief”, he declined to issue a preliminary injunction.

While this legal battle played out in south Texas, Donald Trump was elected president and vowed to terminate DACA on “Day One”. That did not happen, but on September 4, 2017, then-Attorney General Jeff Sessions sent then-Acting DHS Secretary Elaine Duke a letteradvising her to rescind DACA, explaining that DACA was “an unconstitutional exercise of authority by the Executive Branch”. The next day, Duke rescinded DACA but delayed the effective date until March 5, 2018, allowing illegal alien DACA recipients whose benefits would have expired before that date to apply for renewal for another month, until October 5, 2017.

That termination was challenged by illegal alien advocates and Andrew Arthur concisely explains the tortured history of the Trump administration’s attempt to end DACA. Eventually the U.S. Supreme Court ruled that the Duke memo itself failed the requirements of the APA and directed the Trump administration to try again.

Joe Biden’s electoral victory in November 2020 interrupted those efforts and on his Inauguration Day, Biden issued a presidential memorandum to the AG and DHS secretary “preserving and fortifying” DACA. For nearly six months of the Biden administration, DACA operated in the status quo—the illegal aliens who held its benefits kept them and could renew them.

Now Judge Hanen has finally ruled on the merits, finding that DACA was an “illegally implemented program” and that “the public interest of the nation is always served by the cessation of a program that was created in violation of law and whose existence violates the law.” Despite those strong words, Hanen neuters the impact of his decision, claiming that “[h]undreds of thousands of individual DACA recipients, along with their employers, states, and loved ones, have come to rely on the DACA program.” Based on this flawed reasoning, Hanen concludes:

Given those interests, it is not equitable for a government program that has engendered such a significant reliance to terminate suddenly. This consideration, along with the government’s assertion that it is ready and willing to try to remedy the legal defects of the DACA program indicates that equity will not be served by a complete and immediate cessation of DACA.

Establishing a “reliance interest” for an illegal program for illegal aliens takes the winds out of the sails of advocates for the rule of law. As a result, the current DACA population continues to keep their (illegal) benefits (although no new applications may be approved), making Hanen’s ruling yet another mostly symbolic victory.

With certain Republican senators already expressing a willingness to amnesty the DACA population, despite similarly concluding that the program is unlawful, it remains to be seen if the Democratic leadership will now entertain a narrower bill in light of Judge Hanen’s ruling.

Entire write up here.

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

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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

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

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