John Hawkins, Texas Judge Andrew Hanen ruled that Barack Obama violated a federal statute when he created the Deferred Action for Childhood Arrivals (DACA). Hanen ordered the Biden administration not to enroll any new illegal aliens into the program.
In the ruling, Hanen wrote:
“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. DHS … is hereby enjoined from approving any new DACA applications and granting the attendant status.”
Although the ruling will prevent the Biden administration from adding any new applicants to the program unless it’s overruled by a higher court, it does not settle what will happen to the illegal aliens already enrolled in the program.
Bizarrely, in 2020, the Supreme Court ruled 5-4 that the DACA program couldn’t be ended by the Trump administration. This had nothing to do with whether the law was legal or not, it was ostensibly because the Trump Administration didn’t give a good enough reason for ending an unconstitutionally created program. Translation: John Roberts tries to avoid controversial decisions by any means necessary, even if it means twisting the Constitution up like a pretzel to get there. If DACA does go before the Supreme Court again, which is entirely possible, having Amy Coney Barrett on the court instead of Ruth Bader Ginsburg could lead to a very different result.
Let’s hope that happens because the DACA program was illegally created by Barrack Obama and makes for terrible policy. We shouldn’t be incentivizing illegal aliens to bring their children here or splitting up parents and kids. Instead, we should reunite all of them in their home country, which is not the United States of America.