Legislation would block temporary protective status for illegals
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Texas GOP Representative Chip Roy has introduced legislation aimed at dismantling a long-standing executive authority that has shielded thousands of foreign nationals, including illegal migrants, from deportation for over three decades. The “End DED Act,” as Roy calls it, seeks to close a loophole that has allowed presidents to bypass Congress and grant temporary stays of removal under Deferred Enforced Departure (DED). This program, Roy argues, has been a tool for unchecked executive overreach, undermining the rule of law and America’s immigration system.
The legislation, obtained by the Daily Caller News Foundation, would prohibit the use of taxpayer funds to enforce DED, effectively stripping the program of its operational power. By cutting off federal funding, Roy’s bill aims to restore Congressional authority over immigration policy, a priority for the incoming Trump administration and its GOP allies, who have vowed to tackle border security with renewed vigor.
“Deferred Enforced Departure (DED) is a fabrication of the executive branch that allows the president to shield foreign nationals, including illegal aliens, from deportation based on vague ‘foreign relations power,’” Roy said in a statement to the DCNF. “DED has no statutory basis.” His words add to the frustration among conservative lawmakers who see DED as an unconstitutional workaround that circumvents the legislative process and enables presidents to enact de facto amnesty without accountability.
Introduced in 1990 during the George H.W. Bush administration, DED allows presidents to grant temporary protection from deportation and work authorization to foreign nationals, often from countries facing turmoil like armed conflicts or natural disasters. While similar to Temporary Protected Status (TPS), which is administered by the Department of Homeland Security and carries statutory weight, DED stems solely from the president’s constitutional authority over foreign relations, making it a uniquely unchecked power. Roy’s legislation seeks to end this practice, which he and his supporters argue has been abused to the detriment of American taxpayers and legal immigrants.
“It bypassed Congress’ jurisdiction over immigration policymaking, such as determining which immigration programs should be deliberated and passed into law and to what extent they should be utilized,” the Texas lawmaker continued. “It’s long past time for Congress to reassert its role in regulating immigration by ending a program that enables illegal aliens to stay in the U.S. with work permits through the executive.” Roy’s stance aligns with the Trump administration’s commitment to prioritizing American citizens and closing loopholes that have long been exploited.
The urgency of Roy’s proposal comes into sharp focus when examining recent uses of DED. Critics point to former President Joe Biden’s administration, which issued DED designations to certain groups during its final days, as part of a pattern of expansive amnesty policies. These actions, opponents argue, exacerbated the border crisis by encouraging illegal migration and straining public resources. Even President Donald Trump, while generally tough on immigration, used DED authority for specific migrant groups, highlighting the program’s entrenched role in executive decision-making.
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Joe Biden opened the borders to millions of illegals and sought to use DED as an excuse for allowing an invasion of millions of illegals. I believe Biden and the Democrats did this becasue they thought it could be used in future elections to guarantee Democrats a permanent majority. That is clearly not the purpose of immigration. Trump has done a good job of closing the border to illegals.
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