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<blockquote data-quote="Babagounj" data-source="post: 4929570" data-attributes="member: 12952">[URL unfurl=&quot;true&quot;]https://www.breitbart.com/politics/2021/07/16/kris-w-kobach-daca-is-finally-dead-at-last/[/URL]&nbsp;Judge Hanen’s 77-page decision is a powerful ruling that goes into exacting detail as to why President Obama’s DACA amnesty was indeed unlawful from its inception.Judge Hanen points out, first and foremost, that DACA is illegal because the Obama Administration created it in the form of a policy “directive,” rather than as a formal regulation through the Administrative Procedure Act (“APA”).&nbsp; Generating an agency regulation entails a long process whereby the agency promulgates a proposed rule, providing public notice and inviting public comment, after which the agency must responding to criticism and justify the rule.&nbsp; The Obama Administration did none of that when it created DACA.&nbsp; As Judge Hanen <a href="https://s3.documentcloud.org/documents/21010983/7-16-21-texas-v-us-opinion.pdf" target="_blank">wrote</a>: “DHS failed to engage in the statutorily mandated process, so DACA never gained status as a legally binding policy that could impose duties or obligations.” Fortunately, Judge Hanen did not end his opinion there.&nbsp; Department of Justice attorneys had indicated during the litigation of the case that the Biden DHS had plans to redo DACA as a formal administrative rule—going through the administrative process that the Obama DHS skipped.&nbsp; What would happen then?Judge Hanen provided an unequivocal answer:&nbsp; DACA would still be illegal.&nbsp; It violates federal law that makes DACA recipients unlawfully present in the United States, it violates federal law requiring illegal aliens to be placed into removal proceedings, and it violates federal law by creating a new path to lawful status and work authorization.&nbsp; As Judge Hanen <a href="https://s3.documentcloud.org/documents/21010983/7-16-21-texas-v-us-opinion.pdf" target="_blank">summed</a> it up:&nbsp; “Thus, all DACA applicants and recipients fall into a category for removal regardless of their mode of entry.&nbsp; The DACA Memorandum prevents immigration officials from enforcing these provisions of the [Immigration and Nationality Act].”</blockquote>

[QUOTE="Babagounj, post: 4929570, member: 12952"] [URL unfurl="true"]https://www.breitbart.com/politics/2021/07/16/kris-w-kobach-daca-is-finally-dead-at-last/[/URL] Judge Hanen’s 77-page decision is a powerful ruling that goes into exacting detail as to why President Obama’s DACA amnesty was indeed unlawful from its inception. Judge Hanen points out, first and foremost, that DACA is illegal because the Obama Administration created it in the form of a policy “directive,” rather than as a formal regulation through the Administrative Procedure Act (“APA”). Generating an agency regulation entails a long process whereby the agency promulgates a proposed rule, providing public notice and inviting public comment, after which the agency must responding to criticism and justify the rule. The Obama Administration did none of that when it created DACA. As Judge Hanen [URL='https://s3.documentcloud.org/documents/21010983/7-16-21-texas-v-us-opinion.pdf']wrote[/URL]: “DHS failed to engage in the statutorily mandated process, so DACA never gained status as a legally binding policy that could impose duties or obligations.” Fortunately, Judge Hanen did not end his opinion there. Department of Justice attorneys had indicated during the litigation of the case that the Biden DHS had plans to redo DACA as a formal administrative rule—going through the administrative process that the Obama DHS skipped. What would happen then? Judge Hanen provided an unequivocal answer: DACA would [I]still[/I] be illegal. It violates federal law that makes DACA recipients unlawfully present in the United States, it violates federal law requiring illegal aliens to be placed into removal proceedings, and it violates federal law by creating a new path to lawful status and work authorization. As Judge Hanen [URL='https://s3.documentcloud.org/documents/21010983/7-16-21-texas-v-us-opinion.pdf']summed[/URL] it up: “Thus, all DACA applicants and recipients fall into a category for removal regardless of their mode of entry. The DACA Memorandum prevents immigration officials from enforcing these provisions of the [Immigration and Nationality Act].” [/QUOTE]

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