{"id":47515,"date":"2022-10-07T15:29:18","date_gmt":"2022-10-07T19:29:18","guid":{"rendered":"https:\/\/www.rightwinggranny.com\/?p=47515"},"modified":"2022-10-07T15:29:18","modified_gmt":"2022-10-07T19:29:18","slug":"upholding-the-constitution-2","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=47515","title":{"rendered":"Upholding The Constitution"},"content":{"rendered":"

On Wednesday, The Epoch Times<\/a> reported that a Federal Appeals Court has ruled that the\u00a0Deferred Action for Childhood Arrivals (DACA<\/a>) program is illegal.<\/p>\n

The DACA program protects eligible immigrants who came to the United States when they were children from deportation. DACA gives undocumented immigrants: 1) protection from deportation, and 2) a work permit. The program requires that the DACA status and work permit be renewed every two years.<\/p>\n

The article reports:<\/p>\n

The ruling by the\u00a05th Circuit Court of Appeals on Wednesday\u00a0(pdf<\/a>) affirms a decision<\/a>\u00a0in July 2021 by\u00a0a Texas federal judge\u2014U.S. District Judge Andrew Hanen\u2014who declared the DACA program illegal<\/a> and blocked new applications but kept the policy intact for current beneficiaries.\u00a0The appeals court similarly left the DACA program intact for current beneficiaries, which means current DACA recipients can continue to file renewal applications.<\/strong><\/p>\n

The appeals court on Wednesday also sent the case back to Hanen to have him review a revised set of rules that the Biden administration announced in August<\/a>, to determine its legality.<\/strong><\/p>\n

The Biden administration\u2019s new final rule to\u00a0\u201cpreserve and fortify\u201d DACA\u00a0codifies the existing policy, with limited changes, into federal regulation. It\u00a0was subject to public comments as part of a formal rule-making process intended to improve its chances of surviving lawsuits challenging it. It\u2019s set to be effective Oct. 31 to replace the 2012 Department of Homeland Security (DHS) memorandum that had created DACA.<\/strong><\/p>\n

The article explains the reason for the ruling:<\/p>\n

Hanen, in his decision in July declaring DACA illegal,\u00a0had stated<\/a> that DACA goes against the Constitution given that\u00a0Congress never provided the executive branch authorization to grant deportation reprieves to illegal immigrants in the United States.<\/strong><\/p>\n

Chief Judge Priscilla Richman of the 5th Circuit of Appeals wrote in the opinion on Wednesday:\u00a0\u201cThe district court\u2019s excellent opinion correctly identified fundamental substantive defects in the program. The DACA memorandum contracts significant parts of the [Immigration and Naturalization Act].\u201d<\/strong><\/p>\n

She added:\u00a0\u201cDACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits. Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them.<\/strong><\/p>\n

\u201cWe agree with the district court\u2019s reasoning and its conclusions that the DACA Memorandum contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization.\u201d<\/strong><\/p>\n

Children (now adults) who were brought here illegally as young children may not have an understanding of what is actually their native language or understand their native culture. To send them back would be cruel. Let’s not add to the program, but let’s have compassion on those who have been here for ten years or more.<\/p>\n

\n","protected":false},"excerpt":{"rendered":"

On Wednesday, The Epoch Times reported that a Federal Appeals Court has ruled that the\u00a0Deferred Action for Childhood Arrivals (DACA) program is illegal. The DACA program protects eligible immigrants who came to the United States when they were children from … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[12870,13096,13466,1400,12407],"class_list":["post-47515","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-5th-u-s-circuit-court-of-appeals","tag-daca","tag-department-of-homeland-security-dhs","tag-deportation","tag-the-epoch-times"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/47515","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=47515"}],"version-history":[{"count":2,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/47515\/revisions"}],"predecessor-version":[{"id":47521,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/47515\/revisions\/47521"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47515"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47515"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47515"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}