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Federal Judge Declares Obama-Era DACA Program Illegal

Order stipulates that current DACA recipients aren't affected

by Jack Phillips

A Texas federal judge on Friday ruled that the Deferred Action for Childhood Arrivals (DACA), an Obama-era policy that shields certain illegal immigrants from being deported, is unlawful and blocked new applications from being filed.

U.S. District Judge Andrew Hanen argued that the policy goes against the Constitution because Congress never provided the executive branch authorization to grant deportation reprieves to illegal immigrants in the United States. DACA, which was established in 2012 by President Barack Obama’s administration, has granted an estimated 800,000 individuals protection.

After arguing that the Department of Homeland Security violated the Administrative Procedure Act, Hanen ruled that DHS now needs to stop approving new DACA applications. The order doesn’t affect the status of current DACA recipients, the judge wrote.

“Congress has not granted the Executive Branch free rein to grant lawful presence outside the ambit of the statutory scheme,” wrote Hanen (pdf), who was appointed by former President George W. Bush. “It is not equitable for a government program that has engendered such significant reliance to terminate suddenly,” he also wrote in ordering that the status of people currently in DACA doesn’t change and they can continue to seek renewal of their status.

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https://www.theepochtimes.com/mkt_breakingnews/federal-judge-declares-obama-era-daca-program-illegal_3905492.html

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