DACA Is Unconstitutional, as Obama Admitted. DACA Is Unconstitutional, as Obama Admitted. March in support of the Dreamers in Tucson after President Trump announced his decision to end the Obama policy known as DACA in 6 months unless Congress acts to enact it into law.
Obama did urge Congress to act, saying, "There is still time for Congress to pass the DREAM Act this year, because these kids deserve to plan their lives in more than two-year increments." It has been a theme among Republicans and conservatives that before he penned DACA, Obama had said that he was bound by law to pursue deportations.
Since most DACA beneficiaries are now adults, "it also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens," Sessions said.
General Sessions' legal conclusion was that DACA "is vulnerable to the same legal and constitutional challenges that the courts recognized with respect to the DAPA program." The place to have the debate about what to do about illegal aliens who were minors when they came to this country is in the halls of Congress, not the White House.
The place to have the debate about what to do about illegal aliens who were minors when they came to this country is in the halls of Congress, not the White House. Failure to correct this unilateral, unconstitutional overreach would set a dangerous precedent that weakens our constitutional balance of powers. As law professor Jonathan Turley said, "If a president can claim sweeping discretion to suspend key federal laws, the entire legislative process becomes little more than a pretense."
The Fifth Circuit Court of Appeals upheld a nationwide injunction against DAPA, which the Supreme Court allowed to stand. As the Fifth Circuit said, the fact that the president declined to enforce the law and remove illegal aliens "does not transform presence deemed unlawful by Congress into lawful presence and confer eligibility for otherwise unavailable benefits based on that change."
Like DACA, DAPA provided an administrative amnesty for illegal aliens who came to the U.S. as adults and gave them work authorizations and access to government benefits.
President Donald Trump has caught a lot of heat for rescinding the Deferred Action for Childhood Arrivals program with a six-month wind-down. Few people seem aware that he's ending an administrative amnesty for illegal aliens that President Barack Obama lacked the constitutional and legal authority to implement.
When it comes to immigration, Attorney General Sessions was correct when he said that the "compassionate thing is to end the lawlessness, enforce our laws, and, if Congress chooses to make changes to those laws, to do so through the process set forth by our Founders in a way that advances the interests of the nation.".
Under our Constitution, Congress has plenary authority over immigration. The president only has the authority delegated to him by Congress – and Congress has never given the president the power to provide a pseudo-amnesty and government benefits to illegal aliens.
The DACA program suffers from exactly the same constitutional infirmities as DAPA. A number of states have threatened to sue the administration to stop the DACA program. In the face of that threat, Trump really had no choice. General Sessions' legal conclusion was that DACA "is vulnerable to the same legal and constitutional challenges ...
WASHINGTON, DC - SEPTEMBER 6: Senate Minority Leader Chuck Schumer (D-NY) speaks at a news conference as other congressional leaders look on about President Donald Trump's decision to end the Deferred Action for Childhood Arrivals (DACA) program at the U.S. Capitol September 6, 2017 in Washington, DC. Democrats called for action on young ...
The activists were rallying on the five-year anniversary of President Obama's executive order, DACA - Deferred Action for Childhood Arrivals, protecting undocumented immigrants brought to the U.S. as children.
But that’s not what the action that the White House took today is about. This is about young people who grew up in America – kids who study in our schools, young adults who are starting careers, patriots who pledge allegiance to our flag. These Dreamers are Americans in their hearts, in their minds, in every single way but one: on paper. They were brought to this country by their parents, sometimes even as infants. They may not know a country besides ours. They may not even know a language besides English. They often have no idea they’re undocumented until they apply for a job, or college, or a driver’s license.
Immigration can be a controversial topic. We all want safe, secure borders and a dynamic economy, and people of goodwill can have legitimate disagreements about how to fix our immigration system so that everybody plays by the rules.
The Supreme Court decided June 28 to review the constitutionality of President Barack Obama’s highly controversial Deferred Action for Childhood Arrivals ( DACA) program. For seven years the executive order, which many scholars believe was unconstitutional in its scope, prevented current immigration laws from being implemented against hundreds of thousands of young illegal aliens from being deported.
Hanen said he wouldn’t pause DACA temporarily because Texas and the other states that filed suit against it dawdled when taking legal action.
Kamala Harris (D-Calif.), a presidential candidate, said during the Democrat Party candidates’ debate June 27 that if she becomes president, reinstating DACA by executive action will be the first thing she does in the Oval Office.
The cases are Department of Homeland Security v. Regents of University of California, Trump v. NAACP, and McAleenan v. Vidal. As is its habit, the court gave no reasons for its decision.
Democrats are preparing to use the issue to win votes though political observers say while it helps with voters who favor open borders, the majority of Americans are against the policy because it ignores long established immigration laws that were agreed upon by both parties in the past.
On Sept. 5, 2017, then-U.S. Attorney General Jeff Sessions said the Trump administration was ending DACA. The same day, Acting Homeland Security Secretary Elaine Duke directed officials to throw out all initial DACA applications and related work authorization authorizations received after Sep. 5, 2017, along with all other renewal applications from DACA recipients.
There are about 700,000 or more DACA-eligible individuals who came as young people to the United States, but they are a small subset of perhaps about 4 million or so so-called “Dreamers,” many of whom failed to apply for relief under DACA, but could conceivably qualify under the kind of amnesty that Democrats and some Republicans are pushing for in Congress.
Yet on the other hand, he crafted and implemented Deferred Action for Childhood Arrivals, or DACA, a program that gave quasi-legal status and work permits to hundreds of thousands of illegal immigrants.
In his 2006 book, “ The Audacity of Hope ,” Obama expressed concern over the economic impact of immigration.
On one hand, he cracked down on illegal immigration, removing around 3 million illegal immigrants from the country, more than any other president. (RELATED: Did Obama Deport More People Than All Previous Presidents Combined?)
At the time of the speech, the Senate was debating the proposed Securing America’s Borders Act, a bill that would have, among other measures, replaced and expanded fencing along the southern border. A number of senators spoke about the bill and immigration in general, including Obama, then a senator from Illinois.
Then-Sen. Obama made the statement while speaking about immigration on the Senate floor on April 3, 2006. While Obama spoke positively of immigrants, he was critical of illegal immigration.
Harris Jr ., who has nearly 500,000 followers and often posts conservative content, claims that a quote expressing support for stricter border control is attributable to former President Barack Obama . The meme was shared almost 20,000 times.
In should be noted that in 2005 and 2006, political opinions on immigration were quite different than they are today. Border security could be considered a bipartisan issue in those days, garnering significant support from both Republicans and Democrats. In 2006, about 40 percent of Democrats were in favor of building a barrier along the entire U.S.-Mexico border, as opposed to less than 10 percent in 2017, according to an analysis by FiveThirtyEight.
On June 15, 2012, then-Secretary of Homeland Security Janet Napolitano issued a memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,” creating a non-congressionally authorized administrative program that permitted certain individuals who came to the United States as juveniles and meet several criteria—including lacking any current lawful immigration status—to request consideration of deferred action for a period of two years, subject to renewal, and eligibility for work authorization. This program became known as Deferred Action for Childhood Arrivals (DACA).
Unlike an executive order, an executive branch memorandum is not required to be published in the Federal Register, nor does it require the force of another executive order to reverse it. It merely takes another executive memo to dispose of it!
In conclusion, DACA, at least legally speaking, is as worthless as the paper upon which it was written, and has no place in any court, much less the nation’s highest.
Not only is DACA Not a Law…It’s Not Even an Executive Order! - US Incorporated
An image shared on Facebook claims former President Barack Obama signed a law in 2012 that made it “perfectly legal for the media to purposely lie to the American people.”
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The claim that Obama signed a law making it “perfectly legal for the media to purposely lie to the American people” has circulated since at least 2019 and recently resurfaced on social media.