Court declares DACA program illegal, but leaves policy intact for nearly 600,000 immigrant "Dreamers"

[Pelosi dies next]

A federal appeals court on Wednesday said the Deferred Action for
Childhood Arrivals (DACA) policy violates U.S. immigration law, dealing a
blow to an Obama-era program that provides deportation protection and work
permits to nearly 600,000 immigrant "Dreamers" who lack legal status.

A three-judge panel for the 5th Circuit Court of Appeals concluded the
Obama administration did not have the legal authority to create DACA in
2012, affirming a July 2021 ruling from a federal judge in Texas who
barred the Biden administration from enrolling new immigrants in the
decade-old program.

Despite its conclusion, the appeals court did not order the Biden
administration to shut down DACA completely or stop processing renewal
applications, deciding instead to leave in place an order from U.S. Judge
Andrew Hanen that left the policy intact for current beneficiaries. The
government, however, will continue to be prohibited from approving first-
time DACA applications.

The appeals court sent the case back to Hanen, tasking him with reviewing
regulations that the Biden administration unveiled in August to address
the legal challenges over the Obama administration's decision to create
DACA through a memo, instead of a rule open to public comments. The
regulations are currently slated to go into effect on October 31.

The Justice Department, which represents the federal government in
lawsuits, did not immediately say whether it would ask the Supreme Court
to pause Wednesday's ruling. The Biden administration is likely to file a
formal appeal, paving the way for the conservative-leaning high court to
issue a final decision on DACA's legality next year.

In its ruling Wednesday, the three-judge panel concluded that DACA had the
same legal defects as another Obama-era program that would have offered
deportation protection to the unauthorized immigrant parents of U.S.
citizens and green card holders. The program, known as the Deferred Action
for Parents of Americans (DAPA), was blocked in court and was never
implemented.

"Like DAPA, DACA "is foreclosed by Congress's careful plan; the program is
'manifestly contrary to the statute,'" the ruling said.

Like Hanen, the Texas judge who declared DACA unlawful last summer, the
appeals court expressed sympathy for immigrants currently enrolled in the
program in justifying its decision to allow the government to continue
accepting renewal applications.

"We also recognize that DACA has had profound significance to recipients
and many others in the ten years since its adoption," the court said.

As of June 30, 594,120 immigrants who were brought to the U.S. as children
were enrolled in DACA, half of whom live in California, Texas and
Illinois, according to data published by the U.S. Citizenship and
Immigration Services (USCIS), the agency that administers the program.

Wednesday's court ruling stems from a lawsuit filed in 2018 by Texas and
other Republican-controlled states that have argued DACA was an overreach
of the federal government's immigration powers.

While DACA allows beneficiaries to live and work in the U.S. legally
without fear of deportation, it does not qualify them for permanent legal
status or citizenship. Those enrolled in DACA had to prove they arrived in
the U.S. by age 16 and before June 2007, studied in a U.S. school or
served in the military, and lacked any serious criminal record.

The court ruling could create a renewed sense of urgency in Congress to
pass legislation that places the program's beneficiaries on path to
citizenship, a proposal with robust bipartisan support among lawmakers and
the American public.

For over two decades, however, proposals to legalize Dreamers have died in
Congress amid intense partisan gridlock over other immigration issues. In
the current Congress, Democrats would likely need to accept border
security measures to secure the necessary number of Republican votes to
pass such a legalization bill.

https://www.cbsnews.com/news/daca-program-court-declares-illegal-but-
leaves-policy-intact-for-nearly-600000-immigrant-dreamers/

[Hisler]

On 10/5/2022 11:46 PM, TRAITOR JOE'S BIDEN BALONEY wrote:
> Caution! Always wear ANSI approved goggles when reading posts by Checkmate!
>
> On Thu, 6 Oct 2022 00:19:20 -0000 (UTC), Pelosi dies next put forth the
> notion that:
> #

> Then there's the matter of the three or four million new immigrants that
> Biden has illegally let in since then. Perhaps we'll hear something relevant
> from the courts in the next ten years.
>

It seems that "lawmakers" and "chief executives" and judges in every
branch of the federal and state government define their roles as
saboteurs of the laws of the United States to better serve invaders of
color from foreign lands to ethnically replace the founding stock of the
USA in what they and their puppets in the mainstream media dismiss as a
conspiracy theory called the Great Replacement. If any president,
congressman or judge upholds their sworn duty to protect and defend the
Constitution and laws of the United States, they face impeachment,
assassination attempts, recall elections, and endless attacks by the
corporate owned media.

--
"Build Back Better means Destroy More Quickly."

"Title 8, U.S.C. § 1324(a) defines several distinct offenses related to
aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic
transportation of unauthorized aliens, concealing or harboring
unauthorized aliens, encouraging or inducing unauthorized aliens to
enter the United States, and engaging in a conspiracy or aiding and
abetting any of the preceding acts. Subsection 1324(a)(2) prohibits
bringing or attempting to bring unauthorized aliens to the United States
in any manner whatsoever, even at a designated port of entry. Subsection
1324(a)(3)."

"We have put together, I think, the most extensive and inclusive voter
fraud organization in the history of American politics." -Joe Biden

"C'mon man! If you didn't vote for me , you ain't black ." Joe Biden -

"Poor children can be just as smart as White children." -- Joe Biden

“The war is not meant to be won, it is meant to be continuous.
Hierarchical society is only possible on the basis of poverty and
ignorance.” - George Orwell

https://www.globalgulag.us