It “only” took 10 years for this to be found illegal.
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 Turleynotes;
Writing for a unanimous three-judge panel of the Fifth Circuit (with U.S. Circuit Judges James Ho and Kurt Engelhardt), Chief Judge Priscilla Richman found that President Obama did indeed circumvent Congress and evaded the limits imposed in the Immigration and Nationality Act (INA) when it enacted DACA in 2012. The court declared:
“Under the first factor, DACA’s deficiencies are severe.The district court’s excellent opinion correctly identified fundamental substantive defects in the program. The DACA Memorandum contradicts significant portions of the INA. There is no possibility that DHS could obviate these conflicts on remand.”
https://www.zerohedge.com/political/daca-dead-after-appeals-court-cites-severe-deficiencies