Kris Kobach has now commented on the court decision on DACA. He rightly defines it as an overreach since DACA was not passed by Congress but was illegally enacted by an Executive Order. The first thing you must understand is that no president is under obligation to continue an Executive Order from a previous administration.
Secondly, the program is totally illegal. Although a president is given leeway in enforcing laws and can prevent deportations, what they can not do is create benefits for the illegal aliens unless they are passed by Congress and signed by the current president.
There is court precedent on this matter. Obama created a second program called DAPA for the parents of the Dreamers. The 5th Circuit Court of Appeals ruled the program was illegal because no president can give the illegals benefits not passed by Congress, which work permits and Social Security cards are huge benefits.
It was appealed to the full panel of judges in the 5th Circuit Court and upheld. At the Supreme Court, the vote was 4-4 to uphold the ruling. Lacking a clear majority, the court then recognizes the lower court ruling and DAPA was outlawed.
This Congress must get together and create an amendment to the constitution to strip protections from activist judges who directly rule against current US law and the constitution. It’s not enough that SCOTUS keeps knocking down these decisions since the Supreme Court cannot take additional cases after a schedule is set and illegal programs such as DACA are forced upon a new administration, especially when the judge goes beyond his mandate to interpret the law and not write the law.
DACA allows virtually any illegal alien up to the age of 31 (as of June 15, 2012, when it was announced) who claims that he entered the United States before the age of 16 to gain “deferred action” and lawful presence in the United States. The alien also becomes eligible for employment authorization. In practice, today illegal aliens up the age of 37 are getting the amnesty. It’s not limited to “children” as the Left loves to imply
The most blatant violation of federal law is found in 8 USC 1225(b)(2). This statute requires that any alien an ICE officer determines to be inadmissible “shall” be placed in removal proceedings. Congress enacted this law in 1996 to stop the “catch and release” policies of the Clinton Administration. But DACA forces ICE agents to break this law. In 2012, in the case of Crane v. Napolitano, I represented ten ICE agents who sued the Obama Administration to stop DACA. Although the Fifth Circuit Court of Appeals eventually ruled that the ICE agents didn’t have standing, the district court in the Northern District of Texas had already held that DACA likely violated the law.