Federal Judge Halts Unlawful DACA Scam
Welcome news that is nearly a decade late.
I refer to DACA (Deferred Action- Childhood Arrival) as a scam because while it was foisted on Americans as program to provide legal protection to young aliens, in reality it enabled aliens in their mid to late thirties to acquire lawful status. We will explore the true nature and background of DACA shorty, but first there has been an important development with this program.
On July 19, 2021 the New York Times reported, Judge Rules DACA Is Unlawful and Suspends Applications
That news report included this excerpt:
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 New York Times article went on to note, in part:
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.”
Now let’s delve into the background behind the creation of the DACA con game by President Obama.
On June 15, 2012 then-President Barack Obama announced, during a Rose Garden event at the White House, that he was going to create the DACA program to provide temporary lawful status for what he claimed were young “undocumented immigrants.” DACA is an acronym for Deferred Action- Childhood Arrivals.
On June 17, 2012 Fox News published my Op-Ed Obama Invokes Prosecutorial Discretion to Circumvent Constitution and Congress that took Mr. Obama’s bogus claims to task.
To begin with, Mr. Obama claimed that he was exercising “prosecutorial discretion” to create DACA. Prosecutorial discretion is a valid concept whereby the limited resources for law enforcement are used to address more serious problems while intentionally ignoring relatively minor law violations.
However, prosecutorial discretion could never be reasonably used to provide lawful status to law violators under the guise of making effective use of limited resources. Providing lawful status to illegal aliens should require legislation and such a program would create additional burdens that squander and not make effective use of limited resources.
Therefore I noted in my Fox News commentary that Obama was not using prosecutorial discretion but was, instead, using prosecutorial deception!
The notion of “Deferred Action” was one that was used by the former INS and the subsequent follow-on immigration agencies of the DHS (Department of Homeland Security) on a limited, case-by-case basis for humanitarian purposes.
If, for instance, a family from another country was visiting in the United States and a family member was injured or fell ill with a serious injury or illness, Deferred Action would permit the family to remain in the United States for as long a period as necessary, as attested to by their attending physician(s). Immigration authorities would require that their doctors provide periodic updates until the alien was well enough to travel back to their home country.
The action that was deferred was the requirement that aliens depart from the United States.
Deferred Action was never meant to be used to act as a stop-gap in anticipation of pending amnesty for huge numbers of illegal aliens to enable them remain in the United States.
Obama justified creating DACA because he falsely claimed, “Congress failed to act.”
In reality Congress had acted and, indeed, acted in accordance with the Constitution. It is just that Congress did not act the way Obama wanted when it it voted to not enact the DREAM Act. (DREAM Act is an acronym for Development, Relief and Education for Alien Minors) that would have provided lawful status for millions of illegal aliens who claimed to have entered the United States prior to their 15th birthday- however, these aliens could be as old as 35 yeas of age when they made their applications.
I am compelled to note the hypocrisy in the name of that failed legislative action. The term “Alien” has come to be reviled by the open borders / immigration anarchists, even though the term alien is defined by the Immigration and Nationality Act as simply being, “Any person, not a citizen or national of the United States.” However, apparently when the term alien was essential to creating the acronym that conjured up the image of the “American Dream” the supposedly dastardly term “alien” became palatable.
The actual purpose for the DREAM Act and for DACA was to dupe kind-hearted Americans into believing that this was about helping children. In reality, this was not about children but about flooding Ameria with huge numbers of aliens for political purposes and to enrich those who profit from massive immigration and provide huge campaign contributions to politicians who do their bidding
The immigration system has morphed into a delivery system that, as I have noted in the past, provides an unlimited supply of clients for immigration law firms. There is no shortage of immigration lawyers among the ranks of politicians from both parties and on all levels of government- particularly the U.S. Congress.
Among those who also benefit from this “immigration delivery system” are companies that want cheap and exploitable labor, religious organizations that want to fill the seats in their houses of worship, the U.S. Chamber of Commerce, labor unions that seek to increase their membership so that they get more money (union dues) and increased political leverage.
As more aliens flood into the United States housing becomes scarce and the price of housing increases. Banks make more money as the size of mortgages increase as the cost of housing goes up. This causes homelessness to increase as more Americans lose their jobs to foreign workers or suffer wage suppression even as the cost of housing soars.
Fraud would permeate this program because there would be no way to interview all of these aliens and no way to conduct field investigations to determine if the information contained in their applications was accurate and truthful. The 9/11 Commission, in point of fact, identified immigration fraud as a key vulnerability that was repeatedly exploited by terrorists to enter the United States and embed themselves. This nexus between immigration fraud and terrorism and national security was the predication of my article, Immigration Fraud: Lies That Kill.
The DREAM Act legislation, incidentally, followed on the heels of a prior failed piece of legislation, Comprehensive Immigration Reform. Comprehensive Immigration Reform is still on the agenda for leaders of both parties. There would be no age cut off for Comprehensive Immigration Reform, only a requirement that the aliens who participate would have entered the United States prior to a cutoff date. Again, the inability to interview so many aliens or conduct field investigations would enable aliens to easily misrepresent their dates of entry into the United States as it would be for them to misrepresent their true identities and potentially their criminal histories and/or affiliation with criminal or terrorist organizations.
With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed — and I know that everybody here at Bell is studying hard so you know that we’ve got three branches of government. Congress passes the law. The executive branch’s job is to enforce and implement those laws. And then the judiciary has to interpret the laws.There are enough laws on the books by Congress that are very clear in terms of how we have to enforce our immigration system that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as President.