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 October 8, 2022

Federal appeals court finds that Obama-era DACA program is unconstitutional

Democrats are notorious for allowing out-of-control immigration. It seems even the courts are powerless to stop it completely.

Although a federal appeals court found that former President Barack Obama's Deferred Action for Childhood Arrivals program was unconstitutional, it declined to abolish it, Fox News reported. That means more than a half-million illegal immigrants protected under the rule will be allowed to stay.

A three-judge panel found that the Obama administration had no standing to create the DACA program could not continue. Previously, U.S. District Judge Andrew Hanen had ruled in July that DACA was illegal on administrative grounds.

The change is effective October 31, but no new requests will be authorized under DACA. Still, at least 600,000 already admitted under it will be allowed to stay as well as those who have already submitted a request.

The challenge came from several Republican-led states on the grounds that the program created a burden to educate and care for those allowed in the country under it. Although President Joe Biden's administration made some tweaks, they mostly were window dressing and did not fix the problems.

Biden had attempted to protect the controversial program by directing the Department of Homeland Security to undertake "all appropriate actions under the law" in 2021. Secretary of Homeland Security Alejandro Mayorkas was not pleased with the latest ruling, however.

"I am deeply disappointed by today's DACA ruling and the ongoing uncertainty it creates for families and communities across the country," he said. "We are currently reviewing the court's decision and will work with the Department of Justice on an appropriate legal response," Mayorkas continued.

"As a result of the stay that remains in place, no one who currently has DACA will lose their protection from removal or work authorization. Consistent with that stay, DHS will continue to accept the filing of both initial and renewal DACA applications but will process only the DACA renewal requests," Mayorkas said.

Immigration is a serious concern. While it's a move in the right direction, the courts still seem unable to crack down entirely on the problems Democrats created.

Written By:
Christine Favocci

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