Joe Biden Blames ‘MAGA’ Republicans After Court Rules Again that DACA Program Is Unconstitutional

In July 2021, Judge Andrew Hanenn of the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program was unlawful, blocking the government from approving new applications.

On Wednesday, a federal appeals court preserved the stay, ruling the DACA policy violates U.S. immigration law.

The DACA program provides deportation protection and work permits to the almost 600,000 “Dreamers” currently in the U.S. Current DACA recipients can renew their status but new applicants will be blocked.

A “Dreamer” is a leftist term that refers to a person who has lived in the US without official authorization since coming to the country as a minor.

Barrack Obama created DACA in 2012 in an Executive Order to shield those brought to the U.S. illegally as children from deportation. This was after Obama repeatedly said he did not have the authority of executive amnesty.

DACA allows “Dreamers” to legally work and live in the U.S. without fear of deportation but does not qualify them for permanent legal status or citizenship.

FILE – Susana Lujano, left, a dreamer from Mexico who lives in Houston, joins other activists to rally in support of the Deferred Action for Childhood Arrivals program, also known as DACA, at the U.S. Capitol in Washington on June 15, 2022. A federal appeals court Wednesday, Oct. 5, 2022, ordered a lower court review of Biden administration revisions to DACA, a program preventing the deportation of hundreds of thousands of immigrants brought into the United States as children. The ruling, for now, leaves the future of DACA up in the air. (AP Photo/J. Scott Applewhite, File)

The ruling is a response to a lawsuit filed in 2018 by Texas Attorney General Ken Paxton on behalf of seven states arguing DACA was an overreach of the federal government’s immigration powers.

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.

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