IRLI Praises President's DACA Wind-Down, Reveals Planned DACA Challenge Now Mooted

September 5, 2017

Bringing authority over immigration back to Congress

 

(Washington, D.C.) - Today, the Immigration Reform Law Institute (IRLI) praised President Trump's patriotic decision to rescind the unlawful Deferred Action for Childhood Arrivals (DACA) program. President Trump's move also moots a legal challenge against DACA that IRLI had been holding in the pipeline since last year. Along with several committed plaintiffs, IRLI was ready to request from the federal courts declaratory and injunctive relief against DACA which, if granted, would have returned the authority over our immigration laws back to Congress and restored the separation of powers under the U.S. Constitution. Thankfully, the President listened to the American people and has done this for us.

 

Similar to the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, which was enjoined by the U.S. Supreme Court last year, DACA granted blanket relief from deportation and work permits to hundreds of thousands of illegal aliens. Violating both federal law and the U.S. Constitution, this Obama-era program was an affront to Congress, who had already rejected legislation to grant amnesty to DACA-covered illegal aliens on countless occasions.

 

In its now-mooted complaint, IRLI provided a clear and concise summary as to how DACA eviscerated the comprehensive legal framework which Congress put in place precisely to control Executive Branch policymaking in the area of immigration. IRLI laid out in detail the numerous violations on the part of President Obama, including his violation of American labor laws that specify those categories of aliens eligible to work, his violation of laws that mandate the repatriation of certain illegal aliens back to their home countries, his unconstitutional usurpation and encroachment upon Congress's legislative powers, and his violation of the obligation of the Executive Branch to faithfully execute the law.

 

IRLI further raised numerous injuries caused by DACA, including its encouragement of additional illegal immigration, observed in such developments as the surge of unaccompanied alien minors that began soon after the program's announcement.

 

Dale Wilcox, Executive Director of IRLI, commented, "Contrary to former President Obama's claims, not only is DACA not authorized by federal statute, but prior to the unlawful program, deferred action has only ever been applied to small numbers of illegal aliens on a case-by-case basis. Applying it to approximately 15 percent of the illegal alien population was never a proper exercise of the president's discretion under the Constitution and is inconsistent with the president's duty to take care that the laws be faithfully executed." Wilcox continued, "By rescinding DACA, President Trump has put an end to the previous administration's flagrant violation of our immigration laws and its abuse of hard-working American taxpayers."

 

For additional information, contact: Jade Haney • 202-232-5590 • jhaney@irli.org

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