It’s interesting to learn the legality of Obama’s DACA program is still being batted around in the courts. The whole thing was an unlawful exercise of power by Obama since the Constitution clearly specifies “The Congress shall have Power To…establish an uniform Rule of Naturalization….” (Article 1, Section 8, Clause 4).
Obama said numerous times that a presidential DACA amnesty was unconstitutional, but he went ahead and did it anyway.
Now Judge Andrew S. Hanen (who temporarily blocked the program in 2015) has again found DACA to be illegal, but he said it is “a popular program” — which is an odd way for a judge to talk.
So the DACA pests can rest easy, even though they are still job- and benefit-stealing illegal aliens, there is no danger they will be deported to their nations of citizenship.
That nation-of-laws thing was nice while it lasted.
Obama-era DACA program likely illegal: Judge, Washington Times, August 31, 2018
Ruling still allows Dreamers protections, as courts sort out legal mess
A federal judge ruled Friday that the DACA deportation amnesty was probably illegal when President Obama created it in 2012 — but he refused to halt the program altogether, leaving it to other courts to sort out a major legal mess.
Judge Andrew S. Hanen’s ruling clashes with those of several other federal courts which said President Trump’s attempt last year to phase out the DACA program was also illegal.
Taken on face, the rulings mean that the program is illegal — but so is the effort to erase it from the books.
The issues are likely to speed through the circuit courts and quickly reach the Supreme Court, perhaps during its upcoming session.
But for now it leaves the program mostly intact, with current DACA recipients able to renew their work permits and two-year stays of deportation, though no new illegal immigrants are able to apply.
Judge Hanen said Mr. Obama exceeded his powers when he created the program, granting a broad amnesty from deportation to an entire class of people — in this case so-called “Dreamers,” who are young adults who came to the U.S. as juveniles, often without any say in the decision.
Judge Hanen said while the idea of aiding Dreamers may be right, Congress must act.
“DACA is a popular program and one that Congress should consider saving. Unfortunately, the judiciary is not the branch of government designed to salvage a program that should have emanated from Congress.” (Continues)
