Federal Judge Rules That Obama’s DHS Violated Administrative Procedure Act in Creating DACA, Orders Biden to Stop All Applications

FoxNews.com reports that

A federal judge on Friday ordered the Biden administration to stop all applications for the Deferred Action for Childhood Arrivals (DACA) program, ruling that the Obama-era program was illegal – dealing a blow to the Biden administration’s efforts to protect the program.

DACA was established under the Obama administration in 2012 and granted protection from deportation and work permits to illegal immigrants who came to the country as minors. Approximately 700,000 are estimated to have been granted protection under the program, and hundreds of thousands more are deemed eligible.

Judge Andrew Hanen, a Texas judge, found that the Department of Homeland Security violated the Administrative Procedure Act (APA) in creating the policy. He found that the policy was implemented unlawfully and ordered DHS to stop approving DACA applications, although he said it could continue to accept applications and that it does not affect the status of any current DACA recipients.

The judge found that the agency’s interpretation of statutes was “overly broad” and those laws did not carry the authority for the federal government to institute the program.

“DACA would grant lawful presence and work authorization to over a million people for whom Congress had made no provision and has consistently refused to make such a provision,” Hanen wrote.

The suit had been brought by a coalition of states led by Texas, who argued that the policy violated the APA and the Constitution.

Republicans have repeatedly claimed that the program was illegal, and President Donald Trump sought to revoke the program. That effort was shot down by the Supreme Court, which found it was done in a manner that was “arbitrary and capricious,” while not ruling on the program itself.

Democrats and the Biden administration, as well as some Republicans, have supported pathways to citizenship for DACA recipients, whom activists and Democrats have termed “dreamers.” Many of those pushes expand the category to include not only DACA recipients, but those who are DACA-eligible.

President Biden signed a memo after entering office to protect DACA, ordering DHS to take “all appropriate actions under the law” to preserve the program and calling on Congress to give a path to citizenship for recipients.

There have already been a number of efforts in Congress this year to give legal status to DACA recipients. Most recently, Rep. Pramila Jayapal, D-Wash., said that the Democratic budget proposal includes a pathway for citizenship for a number of illegal immigrant groups — including DACA recipients. Democrats may be able to pass such a proposal without Republican support.

Immigration activists used the ruling to renew the push for a pathway to citizenship for all illegal immigrants.

“Judge Hanen’s rash decision to suspend the DACA program reiterates the immediate need for Congress AND the Biden administration to keep their promise and create a pathway to citizenship for all undocumented people in the U.S.,” the Refugee and Immigrant Center for Education and Legal Services tweeted.

What makes those benefiting from DACA, who wish to stay here forever, exempt from the rules and regulations that every other generation of immigrants to this country had to abide by in order to become legal citizens of the greatest nation in the world?

These “Dreamers” must go through a strict process such as other generations of immigrants have gone through.

In other words, a stringent, controlled pathway to citizenship that will end with them going through the same procedures as all other legal immigrants before them.

Just like those who have wanted to be American Citizens before them, these “Dreamers” must also pledge:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.

The Democrats have sought to make political hay for years now by erroneously claiming that the reason that the majority of Americans wanted to build a wall in order to secure our Southern Border is because we have a fear of people who look different from us.

If that were the case, American would have never become the “Great American Melting Pot”, as the old cartoon from Scholastic Rock, that we used to watch as kids on Saturday Mornings on ABC, so aptly explained.

This country was built by LEGAL IMMIGRANTS of all Ethic Backgrounds, who assimilated into our culture and became AMERICANS, who were loyal to their now-found country, not the country that they left behind to come here for a better life.

For decades, Liberals/Democrats have purposefully assigned a “nobility” and “righteousness” to those who would enter this country illegally, to take American Jobs, while remaining loyal to their country of origin and to those who have been entering illegally for the purpose of destroying our nation through the mindless violence of Islamic Terrorism.

The overwhelming majority of Americans continue to state repeatedly that they want our borders to be secure.

President Reagan kept his word. Congress did not.

President Trump was well on his way to making that a reality.

The Democrats must not be allowed to reward those who enter our Sovereign Nation illegally.

Until He Comes,

KJ

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