Judge says Obama exceeded his powers when he created DACA
A federal judge ruled Friday that the DACA deportation amnesty was probably illegal when President Obama created it in 2012 — but he refused to halt the program altogether, leaving it to other courts to sort out a major legal mess.Hannan's ruling is the best of the lot when it comes to DACA. He at least recognizes Obama's abuse of power and the fact that it is up to Congress to exempt a class of immigrants. In fact, Trump proposed an amendment to the immigration law to cover the DACA applicants, but the Democrats opposed it because they want an open borders policy that does not include a wall which would stop future illegal immigration.
Judge Andrew S. Hanen’s ruling clashes with those of several other federal courts which said President Trump’s attempt last year to phase out the DACA program was also illegal.
Taken on face, the rulings mean that the program is illegal — but so is the effort to erase it from the books.
The issues are likely to speed through the circuit courts and quickly reach the Supreme Court, perhaps during its upcoming session.
But for now it leaves the program mostly intact, with current DACA recipients able to renew their work permits and two-year stays of deportation, though no new illegal immigrants are able to apply.
Judge Hanen said Mr. Obama exceeded his powers when he created the program, granting a broad amnesty from deportation to an entire class of people — in this case so-called “Dreamers,” who are young adults who came to the U.S. as juveniles, often without any say in the decision.