HOUSTON, TX – A federal judge in Texas on Friday blocked the Biden administration from approving new applications for the Obama-era Deferred Action for Childhood Arrivals program (DACA).
Federal Judge Rules Against DACA Program But Current Recipients Are Safe For Now https://t.co/wIUUYrRjbu
— NPR Politics (@nprpolitics) July 16, 2021
The ruling does not affect current DACA recipients until further court rulings.
U.S. District Judge Andrew Hanen ruled the Deferred Action for Childhood Arrivals program was unlawful because Congress never gave the executive branch the power to grant mass reprieves to immigrants who are in the U.S. without authorization.
Judge Hanen wrote in the decision:
“As popular as this program might be, the proper origination point for the DACA program was, and is, Congress.”
In a 77-page ruling, U.S. District Court Judge Andrew Hanen found that DACA was unlawful and that the Department of Homeland Security could no longer approve new applicants into the program.
DACA has granted work permits and protection from deportation to more than 600,000 young immigrants brought into the United States illegally while they were children.
The largely expected decision leaves the fate of thousands of the program's beneficiaries in the hands of Congress, the Biden administration and a Supreme Court where conservatives hold a 6-3 majority.https://t.co/z0Xf8JYUGP
— LAist (@LAist) July 17, 2021
The judge also ruled that the Department of Homeland Security can continue to accept new DACA applications as the case continues going forward.
The ruling came in a lawsuit brought by several states: Texas, Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia.
Texas filed a motion for summary judgment in the lawsuit on behalf of the member states.
The Motion for Summary Judgement stated:
“The Deferred Action for Childhood Arrivals (DACA) program is illegal because its creation violated, and its continued existence violates, the procedural and substantive aspects of the Administrative Procedures Act (APA).
“The plaintiff states also claim that the Executive Branch violated the ‘Take Care Clause’ of the United States Constitution when it instituted DACA.”
The U.S. Supreme Court just one year ago rejected former President Trump’s effort to repeal DACA. https://t.co/IYZY7eKRJz
— The Sacramento Bee (@sacbee_news) July 17, 2021
Judge Hanen agreed with the states suing to end the DACA program, arguing that it was illegally created by former President Barack Obama in 2012.
The judge wrote that Congress, not the President, has the authority over such matters as DACA:
“As popular as this program might be, the proper origination point for the DACA program was, and is, Congress.”
The judge also ruled that the APA was violated when DACA was created, but that there were too many people already enrolled in the program to abruptly end the program. Thus, the judge instructed that his ruling be temporarily stayed for their cases and their renewal applications.
In the ruling, the judge specified:
“To be clear. Neither this order nor the accompanying injunction requires DHS or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that it would not otherwise take.
“This consideration, along with the Government’s assertion that it is ready and willing to try to remedy the legal defects of the DACA program, indicates that equity will not be served by a complete and immediate cessation of DACA.”
This is Texas Judge Andrew Hanen who found that DACA (Deferred Action for Childhood Arrivals) is unlawful and that the Department of Homeland Security can no longer approve new applicants into the program. https://t.co/WK306oFDwb
— Annie (@fccmal) July 17, 2021
Texas Attorney General Ken Paxton celebrated the victory for conservatives on his Twitter account, bragging:
“Attorney General Ken Paxton, defeats Biden Administration – AGAIN – on illegal immigration.”
— Attorney General Ken Paxton (@KenPaxtonTX) July 16, 2021
On Saturday, President Biden called the ruling “deeply disappointing.” He said the Justice Department would appeal the ruling, while DHS would issue “a proposed rule concerning DACA in the near future.”
The President added that “only Congress can ensure a permanent solution” and repeated his earlier calls for passage of a new law.
The ruling has put the entire DACA program in jeopardy, and Democrats have struggled to pass new legislation to protect recipients, often called Dreamers.
The term Dreamers was applied to young immigrants that would have been covered under the Dream Act, which aimed to provide a clear path to citizenship for the recipients. The act failed to pass Congress in 2010.
Democrats have feared the DACA issue going to the United States Supreme Court, which they fear would rule against the program with its strong conservative majority.
A federal judge in Texas has ruled against DACA, jeopardizing the legal status of hundreds of thousands of immigrants.https://t.co/D41zLRTkRb
— 𝖠𝗌𝗂𝖺𝗇 𝖠𝗆𝖾𝗋𝗂𝖼𝖺𝗇 𝖫𝖾𝗀𝖺𝗅 (@aaldef) July 17, 2021
Democrats said this week that they would create legislation to create a path to citizenship for Dreamers and other illegal immigrants through their proposed $3.5 Trillion healthcare and anti-poverty plan, which they will try to pass through reconciliation, a budgetary process, which would only require a majority vote to pass the Senate.
If the procedure works, which is a long shot, the bill could be passed with a simple majority without Republican support, instead of the normal 60-vote threshold.
The Senate is evenly divided 50-50, and a tie would be broken by a vote placed by Vice President Kamala Harris.
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Embracing lawlessness: For Independence Day, Biden celebrates illegal immigrants at White House
July 5, 2021
WASHINGTON, D.C. – Even as the nation struggles with extraordinary numbers of migrants illegally crossing the border, President Joe Biden has chosen to honor undocumented immigrants at an Independence Day celebration at the White House.
Among the 1000 celebrants invited to the White House lawn for July Fourth were representatives of illegal immigrants.
Remember when America's President put AMERICAN CITIZENS first and didn't embrace lawbreakers? https://t.co/wWNAlV1vAT
— Breitbart News (@BreitbartNews) July 4, 2021
A tweet from CASA emphasized the representation of illegal immigrants, proclaiming:
“There are 11 million immigrants who are American in every way but on paper.
“This Fourth of July, immigrant essential workers from @CASA, @ufwfoundation, & @UFWupdates are headed to the White House to celebrate and watch the fireworks.”
CASA is an immigration reform advocacy group working out of Maryland, Pennsylvania, and Virginia.
The UFW, or United Farm Workers, Foundation joined CASA in its celebration. This organization is another immigration advocacy group that describes itself thusly:
“a 501(c)(3) nonprofit whose core purpose is to empower communities to ensure human dignity. ¡Sí se puede!”
Ironically, the UFW was created by Cesar Chavez, who was actually a “fierce opponent of illegal immigration and supporter of tight border controls,” according to Mark Krikorian, director of the Center for Immigration studies.
As Breitbart points out, there are over 50 million Americans employed in what are considered essential industries, such as agriculture or health care, yet those citizens were not the ones receiving invitations to the White House.
There are 11 million immigrants who are American in every way but on paper. This Fourth of July, immigrant essential workers from @CASA, @ufwfoundation, & @UFWupdates are headed to the White House to celebrate and watch the fireworks. 🎆🎇 pic.twitter.com/H58mZ3wXOG
— CASA (@CASAforall) July 1, 2021
According to the United Farm Workers website, the invitees representing the UFW were to include:
“A UFW Foundation-member farm worker family from Georgia and a United Farm Workers unionized farm worker leader from Washington state and his family.”
A UFW biography of the representatives indicates that the persons from Georgia are all citizens and that the representative from Washington was an illegal immigrant who now has “legal status.”
However, Breitbart reports that the group of representatives also includes:
“at least one illegal migrant with a DACA work permit and two migrants with Temporary Protected Status, which are commonly awarded to illegal aliens.”
Also according to the UFW website, this White House visit comes on the heels of Democrats’ budgetary efforts to address the status of illegal residents.
The site reports:
“The farm workers’ visit to the White House comes days after the Senate Budget Committee released a preliminary Democratic budget outline including $126 billion that would put farm workers, Dreamers, TPS holders and other essential workers on a path to legalization using the budget reconciliation process to pass by a simple majority vote.”
UFW claims that this move will not only prevent deportation of illegal migrants, but will help the U.S. economy. The organization goes on to state:
“In addition to providing these workers with certainty and protections from deportation, reports indicate supplying a pathway to citizenship would significantly boost the U.S. economy, increasing the Gross Domestic Product (GDP) by $1.5 trillion over 10 years and creating more than 400,000 new jobs.
“The budget resolution is up for a vote by Democratic senators before they leave for the August recess.”
— UFW Foundation (@ufwfoundation) July 2, 2021
Polling conducted during the past eighteen months suggests that most Americans are less in favor of immigration – both legal and illegal – than the mainstream media would have one believe.
A Harvard-Harris Poll performed in March of 2020 showed that 83 percent of Americans polled favored halting all immigration from Mexico during coronavirus.
"On behalf of all Americans, thank you for your service and dedication. Your commitment reflects the spirit of this great nation."
Farm workers have stepped up for the nation and now it’s time for Congress to step up for us and our families by providing a path to citizenship. pic.twitter.com/E2s5NSkTr0
— UFW Foundation (@ufwfoundation) July 5, 2021
As reported by Breitbart, a Zogby exit poll at the 2020 presidential election found that 75 percent of Americans polled “said it is important that the U.S. ‘limit the admission of new immigrants and foreign guest workers as long as unemployment remains high due to the COVID-19 crisis.’”
An Axios poll conducted in January of 2021 demonstrated that 62 percent of Americans polled believed that “When jobs are scarce, employers should prioritize hiring people of this country over immigrants.”
Almost seven out of ten Americans believe Joe Biden's policies are encouraging illegal migration, says a new Harvard Harris poll. https://t.co/q0GMaditzj
— Breitbart News (@BreitbartNews) June 28, 2021
Breitbart also reports that in March of 2021, respondents to an American Aspirations Index survey revealed that “[Being] open to immigration” was a lowly 42nd in a list of 55 suggested priorities.
Furthermore, a Harvard-Harris poll conducted in April 2021 found that 85% of respondents wanted “stronger” borders. 54 percent believed that Biden border policies “increas[ed] the flow of drugs and crime to the United States.”
In addition, 68 percent of those Harvard-Harris poll respondents indicated they want “people who cross the border with Mexico illegally [to] … be turned back to Mexico” rather than “released into the US with a court date.”
Also, in a Harvard-Harris poll from June of this year, 68 percent of respondents agreed that “the Biden Administration executive orders on immigration encourage … illegal immigration,” and 55 percent believed that Biden should have kept President Trump’s border rules in place.
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