U.S. Texas District Court rules Deferred Action for Childhood Arrivals illegal
U.S. District Court for the Southern District of Texas Decision on Deferred Action for Childhood Arrivals (DACA declared illegal.
U.S. Citizenship and Immigration Services is taking immediate steps to comply with the July 16, 2021, order from the U.S. District Court for the Southern District of Texas on Deferred Action for Childhood Arrivals (DACA). More specific information will be available shortly, uscis.gov announced 16 July. The site provides guidelines such as age limits of 15 and other information.
The Obama administration’s Deferred Action for Childhood Arrivals (DACA) program provides amnesty from serious job-related felonies and other crimes committed by DACA-eligible illegal aliens (often called Dreamers) and their employers while providing no assistance to the American citizen victims of their crimes, CIS. Org , the Center for Immigration studies listed the objections to DACA:
Many Dreamers Have Committed Felonies and Other Crimes
DACA applies to individuals up to age 31 (as of June 2012, so 35 now) — hardly children; consequently, many Dreamers have long-since terminated their studies and most have committed multiple felonies in order to get jobs — Social Security fraud, forgery, perjury on I-9 forms, falsification of green cards and drivers’ licenses, identity theft, etc. Dreamers continue to commit these job-related crimes right up to the day their DACA status is approved and they obtain work permits and their own genuine Social Security numbers.
In addition, many illegal aliens qualifying for DACA status have previously been arrested and convicted of multiple misdemeanors and some have previously been or continue to be associated with violent gangs, as evidenced by a report in the Seattle Times that states that over 1,500 Dreamers have had their DACA status revoked since 2012 due to their involvement with criminal gangs. More at CIS.
The Supreme Court shut down the Trump administration attempts to suspend the program. Those in the program at the time of ruling are allowed to stay as it affects new applicants.
What Is DACA
On June 15, 2012, the secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
Biden on DACA and Legislation for Dreamers
In 2012, the Obama-Biden Administration created the Deferred Action for Childhood Arrivals (DACA) policy, which has allowed hundreds of thousands of young immigrants to remain in the United States, to live, study, and work in our communities. Nine years later, Congress has not acted to provide a path to citizenship for Dreamers.
Yesterday’s Federal court ruling is deeply disappointing. While the court’s order does not now affect current DACA recipients, this decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future. The Department of Justice intends to appeal this decision in order to preserve and fortify DACA. And, as the court recognized, the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future.
But only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve. I have repeatedly called on Congress to pass the American Dream and Promise Act, and I now renew that call with the greatest urgency. It is my fervent hope that through reconciliation or other means, Congress will finally provide security to all Dreamers, who have lived too long in fear.