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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

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Immigration amnesty education

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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

Separated Forever: The Inman Family in a Breitbart Father’s Day Story

June 23, 2022 By D.A. King

Angel Dad Never Got to See Justice Served for Son, Killed by Illegal Alien

It was Father’s Day weekend in the year 2000. Dustin Inman, 16 years old, was in the car with his parents, Billy and Kathy Inman, and their dog. The family was headed to the mountains in north Georgia for some fishing.

Also on the road that day was Gonzalez Gonzalo Harrell, an illegal alien from Mexico who had secured a North Carolina driver’s license using his Mexican birth certificate.

While Billy Inman had stopped their vehicle at a red light, Gonzalo Harrell slammed into the back of them, going 62 miles per hour. The collision instantly killed Dustin Inman and their family dog.

Billy and Kathy Inman were both left unconscious at the scene. When first responders arrived, the Inmans and Gonzalo Harrell were taken to a nearby hospital. While being treated for injuries, Gonzalo Harrell fled the hospital.

Meanwhile, Billy Inman was treated for his injuries caused by the collision while his wife was in a coma for five weeks. Neither was able to attend Dustin’s funeral.

Photos via FBI/Dustin Inman Society

Gonzalez Gonzalo Harrell, an illegal alien from Mexico (left), remains a fugitive of justice after allegedly killing 16-year-old Dustin Inman in 2000 (right). (Photos via FBI/Dustin Inman Society)

When Kathy Inman regained consciousness, she was told of Dustin’s death. Kathy was left with permanent injuries from the collision — injuries that bound her to a wheelchair.

Following the collision and Gonzalo Harrell’s fleeing, the Inman’s made it their life mission to bring justice for their son. In January 2001, Gonzalo Harrell was indicted by a Gilmer County, Georgia, grand jury which charged him with first-degree vehicular homicide, two counts of serious injury by vehicle, and reckless driving.

In June 2002, a federal Unlawful Flight to Avoid Prosecution warrant was obtained by the Federal Bureau of Investigation (FBI). In March 2014, the FBI issued a news release seeking the public’s help in finding Gonzalo Harrell.

Billy and Kathy Inman, in 2018, detailed their son’s death and revealed that they had spoken with then-President Trump about their case and their continuing fight to find Gonzalo Harrell, as Breitbart News reported.

“I lost my best friend,” Billy Inman said. “My little buddy. This is something I want nobody else to have to go through.”

“Our son’s been gone 18 years. This man’s been walking the streets for 18 years since what he did to my family,” he continued. “He’s gotten to see his kids grow up and graduate and do something and get married and whatever they do. He gets to hug his kid.”

Then, about a year later, in June 2019, Billy Inman died at the age of 55. A little over two years after Billy’s death, in August 2021, Kathy Inman died at the age of 57. Neither were able to see justice for their son, Dustin.

The Dustin Inman Society, named in Dustin’s honor, continues its grassroots efforts fighting illegal immigration and amnesty proposals in Washington, D.C. The FBI is still offering a cash reward of $2,000 for anyone with information on Gonzalo Harrell.

Those with information are asked to contact Crime Stoppers Atlanta at (404) 577-TIPS (8477). Full article from Breitbart here.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here. 

 


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

https://youtu.be/w6FPMn0h4fk

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:

1330

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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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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

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