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'Presidents Don't Get to Make Law': Judge Rules DACA Illegal, Biden Pushes Congress to Act

07-19-2021
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A federal judge has now ruled that the Deferred Action for Childhood Arrivals program (DACA) is illegal, but President Biden says his Justice Department intends to appeal that ruling.

The program protected young immigrants from deportation, but Texas and eight other states sued to halt it. They argued former President Obama lacked the power to create the program because it bypassed Congress.

The states also argued that the program drains their educational and health care resources.

The ruling leaves the program intact for existing "dreamers" but stops the government from approving any new applications.  

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Texas Attorney General Ken Paxton, who brought the state's lawsuit against the Biden administration, said in a tweet on Saturday that a president didn't like federal law, so he made up his own. 

"I think it's right to stop a president who just decided that he didn't like federal law & came up with his own immigration laws," he tweeted. "We sued him, rightfully so, for violating federal law and we won."

In a retweet telling of Paxton's huge court win, he wrote, "It's a great win for the rule of law. Presidents don't get to make law. They must remember this."

Biden said the judge's decision was deeply disappointing. He is renewing calls for Congress to create a permanent solution. 

The program has allowed thousands of young people who were brought illegally into the United States as children, or overstayed visas, to live, work and remain in the country. Many of the recipients, commonly known as “Dreamers,” have now been in the U.S. for a decade or longer.

The House approved legislation in March creating a pathway toward citizenship, but the measure has stalled in the Senate. Immigration advocates hope to include a provision in sweeping budget legislation Democrats want to pass this year, but it’s unclear whether that citizenship language will survive.

As CBN News reported last year, President Trump tried to end DACA, but the Supreme Court overturned the attempt in a 5 to 4 ruling that saw Chief Justice John Roberts joining the four liberal justices. Liberal Justice Sonya Sotomayor outright accused President Trump of racism in the opinion she delivered in the case.

The conservative-leaning justices on the court wrote in their dissent that DACA was illegal from the moment it was created.

Justice Clarence Thomas called the ruling "an effort to avoid a politically controversial but legally correct decision."

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