• Federal judge declares DACA immigration program unlawful for second tim

    From Leroy N. Soetoro@21:1/5 to All on Thu Sep 14 01:36:02 2023
    XPost: alt.politics.obama, alt.politics.democrats, alt.fan.rush-limbaugh
    XPost: talk.politics.guns, sac.politics

    https://thehill.com/regulation/court-battles/4203346-federal-judge-again- declares-daca-immigration-program-unlawful/

    A federal judge for the second time found the DACA program unlawful, but
    held back from ordering the deportation of the nearly 600,000 people who
    remain in the country as “Dreamers.”

    The Deferred Action for Childhood Arrivals program, first crafted with a
    2012 memo under the Obama administration, was likewise found unlawful by federal District Court Judge Andrew Hanen in a similar ruling in 2021.

    “While sympathetic to the predicament of DACA recipients and their
    families, this Court has expressed its concerns about the legality of the program for some time,” Hanen wrote in the 40-page ruling.

    “The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation.”

    Given earlier challenges to the DACA program’s creation through a memo,
    the Department of Homeland Security (DHS) in 2022 underwent formal
    rulemaking to solidify the basis for the program.

    But Hanen found while the government followed the law in undergoing notice
    and comment rulemaking, the new rule essentially carried the 2012 memo
    into a formal rule without addressing prior issues criticized by the
    court.

    Last year the Fifth Circuit Court of Appeals, before remanding the case to Hanen, found broader issues with DACA, saying the policy was inconsistent
    with immigration processes laid out under the Immigration and Nationality
    Act.

    Hanen pointed to that in his Wednesday ruling, noting that while the
    record underlying the new rule showed DACA to be beneficial to both
    recipients and the U.S. “DHS did nothing to change or resolve the
    substantive problems found by this court or the fifth circuit.”

    The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.

    “While expected, today’s court ruling is devastating. It impacts hundreds
    of thousands of immigrant youth and their loved ones, who have already
    endured years of uncertainty stemming from politicized attacks on DACA,”
    Kica Matos, president of the National Immigration Law Center said in a statement.

    “Congress has failed to pass a permanent legislative solution, and it is
    urgent that they act now. We cannot allow court rulings to continue to
    upend the lives of hundreds of thousands of immigrant youth whose home is here.”

    The ruling comes months after a coalition of nine GOP-led states asked
    Hanen to end the federal program, referring to the program as “unlawful”
    and “unconstitutional.”

    The coalition also stated in its filing that the program should be
    prevented from accepting any new candidates and within a two-year period
    from approving renewal requests from existing Dreamers.

    While Hanen declined to do so in his latest ruling, Sen. Dick Durbin (D-
    Ill.) who has sponsored legislation to back the DACA program, said Hanen’s decisions have already blocked numerous others from seeking the same protections even as he’s protected the program for existing enrollees.

    “Dreamers are protected from deportation for now, but due to lawsuits by extreme MAGA Republicans, their fates continue to hang in the balance and
    an untold number of Dreamers have been unable to enroll in the program for years,” Durbin said in a statement.

    — Updated 7:56 p.m.

    TAGS ANDREW HANEN ANDREW HANEN BARACK OBAMA DACA DACA DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM DEPARTMENT OF HOMELAND SECURITY DICK DURBIN
    DREAMERS DREAMERS FIFTH CIRCUIT COURT OF APPEALS IMMIGRATION IMMIGRATION
    AND NATIONALITY ACT NATIONAL IMMIGRATION LAW CENTER OBAMA OBAMA
    ADMINISTRATION PRESIDENT JOE BIDEN


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