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Judge Rules DACA Unconstitutional, Says Obama Violated Federal Statute


A ruling by a federal judge just dealt a huge blow to Barack Obama and his legacy.

U.S. District Judge Andrew S. Hanen ruled that Obama’s 2012 creation of the DACA program was unconstitutional.

Judge Hanan stated that the former president “overstepped his executive authority” when he created the program.

This comes after republicans from Texas and other states sued and demanded an “orderly wind down” of the unconstitutional program.

Hanan’s ruling labeled DACA an “illegally implemented program” which “was created in violation of law and whose existence violates the law.”

Breitbart with more on the huge blow to Barack Obama and his legacy:

A federal judge in Texas has ruled that former President Obama violated federal statute when he unilaterally implemented the Deferred Action for Childhood Arrivals (DACA) program that has provided quasi-amnesty to hundreds of thousands of illegal aliens since 2012.

On Friday, Judge Andrew Hanen ordered President Joe Biden’s administration to effectively shut down the DACA program by blocking the federal government from allowing new applicants, illegal aliens who have not previously been enrolled, onto the program’s rolls.

“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,” Hanen writes.

“DHS … is hereby enjoined from approving any new DACA applications and granting the attendant status,” Hanen continues.

The Hill with more:

A federal judge in Texas blocked new applications for the Deferred Action for Childhood Arrivals (DACA) program in a ruling Friday, increasing pressure on Congress to find a legislative solution for undocumented immigrants who arrived in the country as minors.

Immigration advocates had been expecting the ruling for weeks, fearing Judge Andrew Hanen — a George W. Bush appointee who is known for his tough stance on immigration matters — could rule against the legality of the Obama-era program as a whole.

Hanen ruled that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) "with the creation of DACA and its continued operation."

However, the judge recognized that current DACA enrollees are dependent on the program's benefits — deferral from deportation, advance parole to travel internationally and a work permit — in order to go about their daily lives.

"That reliance has not diminished and may, in fact, have increased over time," wrote Hanen.

On those grounds, Hanen allowed current recipients to maintain and renew their benefits pending a future order from himself, the 5th Circuit Court of Appeals or the Supreme Court.

While Hanen's order will leave intact the status of the more than 600,000 current DACA recipients, it also puts in limbo the status of tens or hundreds of thousands of other so-called Dreamers — including 50,000 new DACA applicants who had not yet been enrolled in the program.

Joe Biden has called the ruling "deeply disappointing."

Biden also said that the DOJ plans to appeal the decision.

Both Obama and Biden are clearly angered that their own dictatorial actions have been overturned.


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