Federal Judge Rules DACA Program Illegal

He did not order an immediate end to the program. 

Judge Andrew Hanen of the U.S. District Court for Southern Texas ruled Wednesday that the Deferred Action on Childhood Arrivals (DACA) program is illegal. 

Nine states had challenged the program that prevents the deportation of migrants brought to the United States as children. They argued President Obama’s administration, which developed the program, did not have the authority to establish it in the first place in 2012 because it circumvented Congress. 

The states also said it has cost them hundreds of millions of dollars in education, health care, and other costs when immigrants are allowed to remain in the country illegally. 

“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,” Judge Andrew Hanen wrote in his 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… The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void.” 

According to the U.S. Citizenship and Immigration Services, 578,680 people were enrolled in DACA at the end of March this year. 

The ruling is expected to be appealed.

As the Lord Leads, Pray with Us…

  • For district court judges as they issue rulings on cases that challenge the constitutionality of laws and programs.
  • For appellate court judges as they hear the appeals of the decisions of the lower court rulings.
  • For the justices of the Supreme Court to be wise in choosing the cases they will hear.

Sources: Washington Examiner, CBS, NPR


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