Texas Federal Judge Rules Obama’s DACA Program Illegal, Blocks New Illegal Alien Applicants

Article CAIRCO note: 
DACA Is Finally Dead at Last!
Article author: 
John Binder
Article publisher: 
Article date: 
21 July 2021
Article category: 
National News
Article Body: 
A federal judge in Texas has ruled that former President Obama violated federal statute when he unilaterally implemented the Deferred Action for Childhood Arrivals (DACA) program that has provided quasi-amnesty to hundreds of thousands of illegal aliens since 2012.
On Friday, Judge Andrew Hanen ordered President Joe Biden’s administration to effectively shut down the DACA program by blocking the federal government from allowing new applicants, illegal aliens who have not previously been enrolled, onto the program’s rolls....
The ruling throws a wrench in the Biden administration’s plan to ramp up the DACA program by adding new applicants to the program’s rolls. For months, Biden and elected Democrats in Washington, D.C. have sought to pass an amnesty for DACA illegal aliens — most recently, by slipping it into a Senate Democrat budget that would only need majority support.
As of 2017, more than 2,100 DACA illegal aliens have been kicked off the program after having committed a crime or being found to have previously committed crimes....
Judge: DACA Violates Americans’ Workplace Rights, by Neil Munro, Breitbart, July 17, 2021:
President Barack Obama’s “DACA” work-permit program is illegal because it violates the immigration laws that protect working Americans from losing jobs and wages to illegal migrants, a Texas judge wrote Friday.
DACA Is Finally Dead at Last, by Kris W. Kobach, July 16, 2021:
... DACA allowed virtually any illegal alien up to the age of 31 (as of June 15, 2012, when it was announced) who claimed that he entered the United States before the age of 16 to gain “deferred action” and remain in the country.  The alien also became eligible for employment authorization.  In practice, it ended up being an amnesty for more than 886,000 illegal aliens up to the age of 39 who received permission to stay in the United States, along with work authorization allowing them to compete against young Americans for the same jobs.
But DACA was illegal and unconstitutional from the beginning.  Only Congress can grant an amnesty en masse to illegal aliens.  Ten ICE agents sued to block the DACA amnesty in 2012 (I represented them).  And President Trump tried to repeal DACA, but the Supreme Court issued a perplexing decision in June of 2020 saying that the Trump Administration didn’t jump through the necessary administrative hoops to do so.
However, the Supreme Court never answered the most important question:  what if DACA was illegal from the outset?  Justice Thomas did not shy away from answering the question in his dissent.  In his words, “DHS created DACA during the Obama administration without any statutory authorization and without going through the requisite rulemaking process. As a result, the program was unlawful from its inception.”...
Although the Biden Administration will doubtless appeal the decision, Judge Hanen’s opinion stands a very good chance of surviving any appeal.  His legal reasoning is strong, and he spent a significant amount of time writing it.  But it was worth the wait....
You cannot simultaneously have free immigration and a welfare state.
- Milton Friedman