BREAKING: Federal judge orders Biden administration to end new DACA applications

[libertybele]

Federal judge orders Biden administration to end new DACA applications

A federal judge on Friday ordered the Biden administration to stop all applications for the Deferred Action for Childhood Arrivals (DACA) program, after a coalition of states sued and claimed that the Obama-era program was illegal.

DACA was established under the Obama administration in 2012 and granted protection from deportation to illegal immigrants who came to the country as children. Approximately 800,000 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 "illegally implemented" 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 suit had been brought by a coalition of states led by Texas, who argued that the policy violated the APA and the Constitution......

https://www.foxnews.com/politics/federal-judge-biden-administration-new-daca-applications

[mystery-ak]

Texas Federal Judge Rules Obama’s DACA Program Illegal, Blocks New Illegal Alien Applicants

John Binder 16 Jul 2021

A federal judge in Texas has ruled that former President Obama violated federal statute when he unilaterally implemented the Deferred Action for Childhood Arrivals (DACA) program that has provided quasi-amnesty to hundreds of thousands of illegal aliens since 2012.

On Friday, Judge Andrew Hanen ordered President Joe Biden’s administration to effectively shut down the DACA program by blocking the federal government from allowing new applicants, illegal aliens who have not previously been enrolled, onto the program’s rolls.

“DHS violated the [Administrative Procedure Act] with the creation DACA and its continued operation … the DACA Memorandum and the DACA program that it created are hereby vacated and remanded to DHS for further consideration, as requested,” Hanen writes.

“DHS … is hereby enjoined from approving any new DACA applications and granting the attendant status,” Hanen continues.

more
https://www.breitbart.com/politics/2021/07/16/texas-federal-judge-rules-obamas-daca-program-illegal-blocks-new-illegal-alien-applicants/

[Elderberry]

Federal judge in Texas blocks new DACA applications as illegal

KVIA 7/16/2021

https://kvia.com/news/texas/2021/07/16/federal-judge-in-texas-blocks-new-daca-applications-as-illegal/

A federal judge in Texas on Friday ruled that Deferred Action for Childhood Arrivals, the Obama-era program shielding certain undocumented immigrants from deportation, is illegal and blocked new applicants.

U.S. District Judge Andrew Hanen ruled in favor of Texas and eight other conservative states that had sued to halt DACA, which provides limited protections to about 650,000 people.

The ruling halts new approvals and applications, but those hundreds of thousands already enrolled will keep their protections for now.

The states argued DACA was unconstitutional. Supporters of DACA had argued the states lacked the standing to sue.

Hanen’s decision limits the immediate ability of Biden, who pledged during his campaign to protect DACA, to keep the program or something similar in place. His ruling is the second by a federal judge in Texas stopping Biden’s immigration plans, after a court barred enforcement of Biden’s 100-day stay on most deportations. The program has been challenged in court since former President Barack Obama instituted it in June 2012.

In Friday’s ruling, Hanen wrote that the states proved “the hardship that the continued operation of DACA has inflicted on them.”

He continued: “Furthermore, the government has no legitimate interest in the continuation of an illegally implemented program.”

Suing alongside Texas were Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia — states that all had Republican governors or state attorneys general.

[Elderberry]

 ‘A blaring siren’ for Democrats after ruling halts DACA

ABC 10 News

https://www.news10.com/news/judge-orders-end-to-daca-current-enrollees-safe-for-now/

Immigrants and advocates are urging Democrats and President Joe Biden to quickly act on legislation to protect young immigrants after a federal judge in Texas on Friday ruled illegal an Obama-era program that prevents the deportation of thousands of them brought into the U.S. as children.

Plaintiffs have vowed to appeal the decision by U.S. District Judge Andrew Hanen, who declared the Deferred Action for Childhood Arrivals program illegal, barring the government from approving any new applications, but leaving the program intact for existing recipients.

Calling the ruling a “blaring siren” for Democrats, United We Dream Executive Director Greisa Martinez Rosas said they would be solely to blame if legislative reform doesn’t happen.

“Until the president and Democrats in Congress deliver on citizenship, the lives of millions will remain on the line,” Martinez Rosas said.

“Today’s decision then once more emphasizes how critically important it is that the Congress step up to reflect the will of a supermajority of citizens and voters in this country. That will is to see DACA recipients and other young immigrants similarly situated receive legislative action that will grant them a pathway to permanence and citizenship in our country,” Saenz said. /quote]

[Bigun]

Obama himself admitted that he had no authority to create DACA. The fact that it has lasted this long is an absolute travesty.

[libertybele]

This is Bammy's doing and DACA recipients are here to stay. I thought that the SCOTUS already ruled in favor of DACA???  This is just not allowing more and this is very likely a temporary halt.

[mystery-ak]

Kris W. Kobach: DACA Is Finally Dead at Last
https://www.breitbart.com/politics/2021/07/16/kris-w-kobach-daca-is-finally-dead-at-last/

[libertybele]

Kris W. Kobach: DACA Is Finally Dead at Last
https://www.breitbart.com/politics/2021/07/16/kris-w-kobach-daca-is-finally-dead-at-last/

Although the Biden Administration will doubtless appeal the decision, Judge Hanen’s opinion stands a very good chance of surviving any appeal.  His legal reasoning is strong, and he spent a significant amount of time writing it.  But it was worth the wait.

 

[skeeter]

Sweet. Now make it retroactive.

[IsailedawayfromFR]

One brave federal judge got it right.

Now on to the 5th Circuit Court

[mystery-ak]

Biden: US to Appeal Dreamers Ruling, Congress Must Act

https://www.newsmax.com/politics/dreamers-ruling-congress/2021/07/17/id/1028951/