On August 31st, DACA finally hit a major legal roadblock in the courts. A federal judge ruled that the DACA program set up by President Obama in 2012 was likely to be illegal. Providing legal protection to an entire group of people that illegally entered our country evidentially is not as simple as Obama’s executive action made it out to be.
While Judge Andrew S. Hanen failed to press further in this latest ruling and halt the program altogether, this marks a major demarcation point. Someone in the American judicial system is willing to refrain from progressive activism in the courts, and has officially put it on record that DACA does not make as much sense as it is played out on the left.
Mr. Hanen’s ruling clashes head on with rulings made by other federal courts on the issue. An attempt by President Trump to phase out the DACA program last year was deemed illegal by other judges. So, judges simultaneously say the creation of DACA is illegal while any attempt to disband it is also illegal. Yes, as confusing as this may sound, these judges are indeed looking at the same rule of law.
This ruling, arguably contradicting previous rulings, is likely to accelerate the speed at which the DACA debate goes through the lower circuit courts. A Supreme Court decision may very well not be far off from finally settling the issue. Whether or not Supreme Court nominee Brett Kavanaugh was to attain a seat beforehand would certainly impact the anticipated decision.
Until then, DACA remains intact. Over 800,000 “dreamers” are benefiting from the program currently. If the program were to legalize them completely as citizens, it is likely that many more dreamers would be applying for status. Once legalized, DACA recipients would in turn achieve full citizenship privileges, and millions more would be extension benefit from their legalization through chain migration.
Judge Hanen said in his ruling that Obama exceeded his powers when he created DACA. Granting large scale amnesty from deportation to an entire class of people who broke America’s immigration laws is supposedly outside of the President’s jurisdiction. However, if the program remains in tact, then this perspective of Obama’s actions becomes irrelevant. For wrong or right, legal or illegal, it is what actually takes place that consequentially impacts the future of the nation.