Remember when President Obama was holding those Hispanic town halls when immigration was a very hot political issue? And he told them REPEATEDLY that he didn't have the power to give them what they wanted, a guarantee that nobody would be deported for illegally entering the country, that I, as President, can not make laws, only Congress can do that.
Well, damn if he wasn't right even though he decided to use EO on something called DACA.
Of course I knew at the time it was un-constitutional, that indeed, no President has the power to do that.
But it looks like these Presidents are feeling their oats and they'll say to themselves "so what if the Constitution says I can't do this". "I will do this anyway and see if they can stop me, it will be in the courts for years long after I'm gone and, it will be the best political move for my re-election.
https://www.nytimes.com/2021/07/16/u...-dreamers.html
Judge Rules DACA Is Unlawful and Suspends Applications
The judge said President Barack Obama exceeded his authority when he created the program, but for now people protected under it will retain the ability to stay and work in the United States.
A federal judge in Texas on Friday ruled unlawful a program that has shielded hundreds of thousands of undocumented young adults from deportation, throwing into question yet again the fate of immigrants known as Dreamers.
The judge, Andrew S. Hanen of the United States District Court in Houston, said President Barack Obama exceeded his authority when he created the program, Deferred Action for Childhood Arrivals, by executive action in 2012.
]But the judge wrote that current program recipients would not be immediately affected, and that the federal government should not “take any immigration, deportation or criminal action” against them that it “would not otherwise take.”
The Department of Homeland Security may continue to accept new applications but is temporarily prohibited from approving them, the judge ruled. Immigrants currently enrolled in the program, most of whom were brought to the United States as children, will for now retain the ability to stay and work in the country, though those protections could evaporate if the government is unable to rectify a series of legal shortcomings
Judge Hanen, who was appointed by President George W. Bush, ruled that the creation of the program violated the Administrative Procedure Act, in part because comment from the general public was never sought. “D.H.S. failed to engage in the statutorily mandated process,” he wrote, “so DACA never gained status as a legally binding policy that could impose duties or obligations.”
The Biden administration is expected to appeal the ruling, and unless Congress steps in with a legislative remedy, the ultimate legality of DACA is almost certain to be decided by the Supreme Court.