Thread: Federal appeals court rules against Obama-era DACA policy protecting 'Dreamers'

Federal appeals court rules against Obama-era DACA policy protecting 'Dreamers'



John Fritze, USA TODAY
Wed, October 5, 2022 at 9:08 PM



WASHINGTON – A federal appeals court Wednesday ruled that an Obama-era policy that protects undocumented immigrants brought to the United States as children violated federal law but it sent a Biden administration effort to shore up the program back to a lower federal court for further consideration.

The decision from a three-judge panel of the New Orleans-based U.S. Court of Appeals for the 5th Circuit sided with Texas and other conservative states that sued in 2018 but maintained the status quo for the Deferred Action for Childhood Arrivals program.

The court made clear it was not ruling on a new regulation created by the Biden administration in August in an effort to shore up the program from legal challenges. The appeals court sent the case back to federal district court to review that rule. The Obama-era memorandum at issue was already set to run out at the end of this month.

"There is no 'clear congressional authorization' for the power that DHS claims," the appeals court said. "DACA violates the substantive requirements of the" federal law that prescribes how federal agencies are supposed to approve new policies, the court said.

Created by former President Barack Obama in 2012, the DACA policy halted deportations and granted work permits for certain immigrants who were brought to the country illegally as children – a group that became known as "Dreamers."

By 2018, more than 814,000 people had benefited from the policy, according to some estimates cited in court records.

"This incorrect ruling doesn't take away anyone's DACA protections today, but it allows state officials to continue their effort to end the program," said Omar Jadwat, director of the ACLU's Immigrants' Rights Project. "As a result, Dreamers and their families will continue to live in uncertainty and fear that the limited protections they have could go away at any moment."

Aides to Texas Attorney General Ken Paxton did not immediately respond to a request for comment.




Indira Islas, an activist with Dreamer & TheDream.US speaks at a news conference to mark the 10th anniversary of the "Deferred Action for Childhood Arrivals" (DACA) at the U.S. Capitol on June 15, 2022 in Washington, D.C.


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Supporters, including President Joe Biden, said the policy helped people who had no choice about entering the United States and had little connection to their home country.

Critics said it forced taxpayers to shoulder the cost of social services for people who were in the country illegally.

A federal district court in Texas ruled last year that Obama violated federal law when he used an executive order to create the program, in part because the administration didn't seek comments about its impact from the general public. The judge in that case suspended new DACA applications but allowed current enrollees to remain.

Former President Donald Trump unwound the DACA program in 2017 but in a case decided by the Supreme Court three years later, a 5-4 majority said the Republican president didn't follow the law in ending the program. In that case, Chief Justice John Roberts joined with four liberal justices to allow the policy to continue.

But the high court's membership has since shifted: Just two years later, conservatives now enjoy a 6-3 advantage and four of them have already signaled they have deep reservations about DACA. In the high court's 2020 decision, Associate Justice Clarence Thomas said he believes the policy is unlawful. He was joined by Associate Justices Samuel Alito and Neil Gorsuch. Associate Justice Brett Kavanaugh wrote separately and decried Roberts' ruling for continuing the uncertainty surrounding the program's legal status.

The case will likely wind up at the Supreme Court, eventually.

The Biden administration has tried to strengthen the policy in response to the district court's ruling. The Department of Homeland Security announced a new rule in late August that was intended to give DACA a more formal legal grounding than Obama's original order. The department had, for instance, offered a more thorough explanation for the policy and sought public comment.

This article originally appeared on USA TODAY: Federal appeals court rules against Obama DACA program for 'Dreamers'


https://www.yahoo.com/news/federal-a...230416884.html

They are here illegally whether they came here 30 years ago or 30 seconds ago. Deport DACA with their illegal alien parents and family members.

DAPA was illegal and they were ordered to be removed. They are still here!

Obama - Biden had NO authority to allow them to stay, just like Biden-Harris-Obama are doing now flooding our country with UACs and illegal aliens circumventing our laws to come here legally.

No Amnesty #8

No birthright citizenship

No taxpayer funded benefits

Chain deportation

Biden scolds 'MAGA Republicans' after 5th Circuit Court strikes down DACA, orders no new applicants






Biden scolds 'MAGA Republicans' after 5th Circuit Court strikes down DACA, orders no new applicants




Lawrence Richard
Thu, October 6, 2022 at 5:02 AM


President Biden lashed out at a federal appeals court on Wednesday, after it ruled the Deferred Action for Childhood Arrivals (DACA) program was illegally implemented by the Obama administration.

In a statement, the president called the decision "unlawful" and urged Congress to make permanent legislative protections to help more than 600,000 immigrants currently protected by DACA.

On Wednesday, the 5th U.S. Circuit Court’s three-judge panel determined the Obama administration lacked the authority to institute the DACA program.

However, the court stopped short of judicially dismantling it and said DACA migrants could continue to receive legal protections.

"I am disappointed in today's Fifth Circuit decision holding that DACA is unlawful. The court’s stay provides a temporary reprieve for DACA recipients, but one thing remains clear: the lives of Dreamers remain in limbo," Biden said.

FEDERAL APPEALS COURT RULES OBAMA-ERA DACA PROGRAM ILLEGAL, BUTS SAYS 600,000 ALREADY IN US CAN STAY


Drew Angerer/Getty Images">
President Biden in the State Dining Room of the White House Oct. 4, 2022 in Washington, D.C. Drew Angerer/Getty Images


"Today’s decision is the result of continued efforts by Republican state officials to strip DACA recipients of the protections and work authorization that many have now held for over a decade," the president added.

"And while we will use the tools we have to allow Dreamers to live and work in the only country they know as home," Biden continued, "it is long past time for Congress to pass permanent protections for Dreamers, including a pathway to citizenship."

BIDEN ADMIN MOVES TO STRENGTHEN OBAMA-ERA DACA PROGRAM AMID LEGAL CHALLENGES

The circuit court also ruled the U.S. government could not process new applicants for DACA and ordered a Texas federal judge review the program.

"A district court is in the best position to review the administrative record in the rulemaking proceeding and determine whether our holdings as to the 2012 DACA Memorandum fully resolve issues concerning the Final Rule," the court wrote.


Drew Angerer/Getty Images">

President Biden on the South Lawn of the White House Oct. 5, 2022 in Washington, D.C. Drew Angerer/Getty Images

Biden specifically blamed "MAGA-Republican officials" for the court’s decision as several Republican-led states sued the federal government over the DACA program. Governors allege the program negatively impacts their local economies as they have to foot the bill for DACA recipients’ education and healthcare.

"My Administration is committed to defending Dreamers against attacks from Republican officials in Texas and other states," Biden concluded. "This challenge to DACA is just another example of the extreme agenda being pushed by MAGA-Republican officials."

The rule takes effect on October 31.

Fox News’ Adam Sabes, David Spunt and Allie Simon, and The Associated Press contributed to this report.


https://www.yahoo.com/news/biden-sco...090215081.html

Corrupt Joe Biden should scold Obama and himself for creating this unlawful DACA debacle.

Obama and Biden should have faced charges for this abuse of power.

Biden, Harris, and Mayorkas should be facing charges for handing our border over to the terrorist drug Cartel and corrupt Mexico.

"This is the only country they know" does not hold water in a court of law. Deport them with their illegal alien parents who brought them here and their entire family.

Obama knew damn well DACA was illegal. These corrupt swamp rats are circumventing our laws through Executive Orders and their abuse of power. They need to face the consequences of this. They are not above the law.

People come here from around the world and do "not know" America. If that is the case, send them back too since they do not know our country. What a sham! Then close the border down and send them back to the country they "do know". What a bunch of idiots.

sending this out to our ALIPAC lists now.

Red Alert all ALIPAC activists!

Share & discuss this alert by email, texts, & social media (HERE)

We have a need for speed with the fate of the nation at stake in 31 days and 11 hours from the time of this email for the Nov 8, 2022, midterm elections.


https://www.alipac.us/f8/daca-illega...-speed-400398/