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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

Gov. Brian Kemp

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

WATCH: From the Heritage Foundation’s Daily Signal: Inside Defamation Lawsuit That Could Blow Southern Poverty Law Center Wide Open

October 3, 2023 By D.A. King

Dustin Inman Society president D.A. King was interviewed by the Daily Signal’s Tyler O’Neil at the Heritage Foundation on September 22, 2023. The topic was our pending lawsuit against the Southern Poverty Law Center in federal court. The entire interview is available below on Youtube. We hope you take time to watch (the video has a false start but is corrected several seconds in).

“The Southern Poverty Law Center is notorious for branding mainstream conservative and Christian organizations, such as the Alliance Defending Freedom and Moms for Liberty “hate groups” or “antigovernment extremist groups,” placing them on a map alongside chapters of the Ku Klux Klan.”

  • If you are able to help us with operations expenses, please see here. Unlike the illegal alien lobby, we are not funded by corporate Georgia.


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

https://youtu.be/w6FPMn0h4fk

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

https://youtu.be/seND4qGrvxY

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

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
Brian Kemp
Photo: mdjonline.com

#BigTruckTrick

Days since GA Gov. Brian Kemp promised action on 'criminal illegals,' sanctuary cities, a criminal alien registry and related legislation:

1793

RECENT BLOG ENTRIES

Opinion: An opportunity to ask Rep Bill Werkheiser about “Opportunity Tuition” for illegals – LTE in the Baxley News-Banner this week

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

How many illegal aliens with ICE detainers are in Georgia’s prison system? What were their crimes? Stats from August, 2023 from the Dept of Corrections #HB136

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

Florida’s illegal aliens “…are already starting to move to Georgia” – Florida state Rep Rick Roth (R) #DeSantis

The liberal AJC vs the liberal AJC on un-American tuition bill

After Title 42: Most illegal aliens still released into U.S. after capture at the border

Twenty Attorneys General: “…SPLC has been utterly discredited as a reliable source”

The Dustin Inman Society vs the Southern Poverty Law Center in Newsweek magazine

An immigrant on illegal immigration in GOP Georgia – DIS board member Dr. Mary Grabar on her former home state

Request to forward my complaint against Gwinnett County Sheriff Keybo Taylor to GBI/AG sent to Gwinnett Superior Court Judge George Hutchinson OCGA 42-4-14

How many illegal aliens in the state prison system? – pending legislation would create a quarterly, public report from the GA Dept. of Corrections: HB 136 as introduced

My new Republican congressman told a newspaper in India the U.S. needs ‘immigration reform’

CIS report: GA leading the way in reduced immigration enforcement – Interior Immigration Enforcement Decline Under Biden: State and Local Statistics

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

List of media members to whom we sent a “news tip” on GA Gov. 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”

Georgia: Illegal alien sentenced to prison for luring teen into sexual activity

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.

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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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