by Fuzzy Slippers at legalinsurrection.com
The saga of Obama’s unconstitutional Deferred Action for Childhood Arrivals (DACA) is long, but here’s a brief recap. Obama couldn’t get Congress to work out amnesty on a large scale or even for so-called “Dreamers,” so he grabbed his trusty pen and wrote out the DACA ‘memorandum.’ It was not constitutional. Obama knew he didn’t have the power to do it, but he did it anyway. Democrats do that.
With Obama finally out of office, then-president Trump tried first to bargain for the wall with Democrats, and when that failed, he tossed the DACA back to Congress, giving them six months to get a DACA bill on his desk. They didn’t; he extended the deadline, and they again failed to act, so finally, Trump tried unsuccessfully to reverse it. I’m not a fan of DACA, but at least Trump was trying to make the thing legit by getting it passed through Congress and signed into law; when that failed, he rightly sought to eliminate it.
Nine Republican-led states have been challenging DACA, most recently opposing the Biden-era changes to the rule. On Wednesday, a federal judge declared it unlawful (again, he’s the same one who previously declared it unlawful in 2021).
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