Judge rules DACA is illegal, says Biden admin cannot ‘usurp’ congressional power

A federal judge in Texas ruled against the Deferred Action for Childhood Arrivals (DACA) program on Wednesday, saying that the policy, which prevents people who were brought illegally into the U.S. as children from being deported, was unconstitutional. 

In his 40-page opinion for the Southern District of Texas, federal Judge Andrew Hanen ruled that the executive branch cannot “usurp” congressional authority. More than half a million illegal immigrants have been shielded from deportation because of the Obama-era rule, which was later adopted and amended by the Biden administration. 

“While sympathetic to the predicament of DACA recipients and their families, this court has expressed concerns about the legality of the program for some time. The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, decided not to pass DACA-like legislation,” Hanen wrote.

“Congress’ alleged failure to pass, or,…

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Judge rules DACA is illegal, says Biden admin cannot ‘usurp’ congressional power

 

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