A federal appeals court on Wednesday ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful.
The program was designed to shield certain immigrants known colloquially as "anchor babies" from deportation.
In its ruling, the 5th Circuit Court of Appeals affirmed a July 2021 decision by a Texas federal judge, US District Judge Andrew Hanen, who declared DACA illegal and blocked new applications, while allowing current beneficiaries to continue receiving protection.
The 5th Circuit maintained the same policy, and sent the case back to Hanen so he can review a revised set of rules that the Biden administration announced in august, to determine whether those rules are legal.
The Biden administration’s new final rule to “preserve and fortify” DACA codifies the existing policy, with limited changes, into federal regulation. It was subject to public comments as part of a formal rule-making process intended to improve its chances of surviving lawsuits challenging it. It’s set to be effective Oct. 31 to replace the 2012 Department of Homeland Security (DHS) memorandum that had created DACA. -Epoch Times
As Jonathan Turley notes; --->READ MORE HERE
The amnesty that refuses to die.
Implementing an amnesty for illegal aliens through the White House was one of the more blatant usurpations of legislative authority by Obama. And was followed by a fundamental lack of consequences.
In one of the more insane Roberts decisions, the liberal chief justice claimed that former Attorney General Sessions hadn’t followed proper procedure in declaring that DACA was unconstitutional and therefore the Obama amnesty had to stand. Somehow the Trump administration was not allowed to toss out a previous administration’s “selective enforcement” priority without following proper procedures. And Roberts decided he could even order the Trump administration to accept new illegal aliens as applicants as part of his APA power grab.
The APA came for DACA with Judge Andrew Hanen who was one of Bush’s better appointments. Hanen is a border hawk and he ruled that DACA was itself in violation of APA. That case has been bouncing around and the Fifth Circuit Court of Appeals has split the difference, asking Hanen to review Biden’s tinkering with DACA, allowing DACA to keep running, but barring new illegal aliens from joining the amnesty party. --->READ MORE HERE
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