Fifth Circuit Rules Obama’s DACA Program Unconstitutional

On Wednesday, the Fifth Circuit Court of Appeals ruled that the 2012 Obama executive order called the Deferred Action for Childhood Arrivals (DACA) is unlawful, but the Court said that it should remain in effect for the 600,000 so-called “Dreamers” who had already obtained the status.

Former President Barack Hussein Milhaus Benito Obama created the program with no legal authority whatsoever back in 2012 as a political stunt even after he said he didn’t have the constitutional authority to do it. The DACA program allowed illegal immigrants who arrived in the United States as children to remain in the interior of the US. Remember when hundreds of thousands of children were flooding across our border back then?

So, the Fifth Circuit ruled that in 2012 Obama was correct in that he did not have the power to create the amnesty program because there was no power behind him doing it as an executive order.

Executive orders are used by a president to “execute” a power that has been given to him by either the Constitution or the Congress. The Congress many times creates laws that will be enforced by the executive branch, but they don’t get into the minutia details about how the laws will be executed. They leave that up to the president. So a president will issue an executive order to say this is how I am going to execute the law that you gave me the power to enforce. Since the Congress did not give Obama the power to create an amnesty program, his executive order was unlawful all these years.

The three-judge panel for the court affirmed the lower court ruling from July 2021, where that court ruled that Obama did not have the constitutional authority to implement the DACA program through an executive order. The latest ruling maintains the injunction against new applicants.

“We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption. Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients,” the ruling stated according to CNN.

After the latest ruling, Representative Chuy Garcia (D-IL) took to social media to call on Congress to pass a law to keep the DACA program in place.

“While this decision brings relief to current DACA recipients, it underscores the urgent need for Senate action on The Dream and Promise Act. We must provide long-term stability for DACA recipients and not close the door on the many young people who already call this country home.”

While this decision brings relief to current DACA recipients, it underscores the urgent need for Senate action on The Dream and Promise Act. We must provide long-term stability for DACA recipients and not close the door on the many young people who already call this country home. https://t.co/KoU885vvwX

— Congressman Chuy García (@RepChuyGarcia) October 5, 2022

Many worry that if the Congress does codify DACA, the Democrats will use it to bring in millions of illegal children into the country to add to the over 5 million illegal migrants the Biden administration has allowed into the country over the last 19 months. The point is that anybody can come to the United States and go through a legal port of entry and apply for citizenship so we don’t need a DACA program going forward. We were told that the program was created by Obama for children who came here with their parents, and their parents got deported, but they should be allowed to stay. That’s what the Democrats said DACA was created for, but I remember the hundreds of thousands of illegal children migrants coming over the border during that period.

If Merrick Garland‘s Department of Justice decides to appeal the ruling, the case could wind up in the Supreme Court.