Barack Obama’s Deferred Action for Childhood Arrivals (DACA) program is illegal, according to a federal judge in Texas who said Friday that the DACA program would not hold up to scrutiny in his courtroom and will likely be overturned and consigned to the scrap heap of history in the near future.
Judge Andrew Hanen said he could issue a ruling that immediately halts Obama’s DACA program, due to the program’s illegal nature, but he has chosen to defer the decision to allow Congress to discuss whether the program is worth saving.
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DACA is a program geared toward immigrants who were brought to the United States as minor children. It allows the minor children to obtain the paperwork and identification necessary to work and go to school, and if the DREAM Act passed, it also offers a path to citizenship or legal residency for the children, who were brought by relatives or their parents.
Children who were under 16 when brought to the United States qualify for the program, which allows them to defer deportation.
Inquisitr reports: Currently, eight states and two governors have challenged the legality of the program. The program was started under Obama, and was a campaign point for Trump, who has sought to end it since entering office.
Hanen has previously blocked similar programs from passing under Obama, which is why it’s not surprising that he is not in favor of DACA. However, in his ruling, which totaled 117 pages, he seems to feel that halting the program should not be done without careful thought.
“Here, the egg has been scrambled,” Hanen wrote. “To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country.”
Essentially, Hanen stated that since the program is already in effect and many are working, living, and using the resources, that to stop it cold would do more harm than good. Most of Congress wants to preserve DACA in some form.
“DACA is a popular program and one that Congress should consider saving,” Hanen wrote. Nevertheless, “this court will not succumb to the temptation to set aside legal principles and to substitute its judgment in lieu of legislative action. If the nation truly wants to have a DACA program, it is up to Congress to say so.”
For now, DACA is still in effect and relevant permits can be renewed by Homeland Security.