The 5th Circuit has ruled that Obama’s DACA program is unconstitutional and has killed the program for new recepients.
But for existing recipients they left it in place.
The 5th Circuit Court of Appeals on Wednesday affirmed a lower court decision declaring the Obama-era Deferred Action for Childhood Arrivals (DACA) program unlawful but allowed it to remain in place for existing DACA recipients for now.
More than 800,000 immigrants who were brought to the U.S. as children have been shielded from deportation through DACA, which has faced several legal challenges. The case now goes back to the lower court for review of the Biden administration’s DACA final rule.
The three-judge panel ruled that the 2012 memorandum issued to establish DACA violates statutory provisions regarding immigration. “The district court’s excellent opinion correctly identified fundamental substantive defects in the program,” Chief Judge Priscilla Richman wrote in the 46-page opinion.
“DACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits,” Richman said. “Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them.”
The 2012 memorandum, which remains in effect until Oct. 31, “contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization.”
“In our view, the defendants have not shown that there is a likelihood that they will succeed on the merits,” the opinion notes. “We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption.”
“Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients.”
It’s about time that DACA was ruled unconstitutional. Even Obama said it himself before he bowed to pressure and did it anyway. I just can’t believe it took this long.
I get why they left it in place for existing illegals in the program, but hopefully it all goes away at some point. Because unconstitutional is unconstitutional.