Federal Court of Appeals strikes down Obama DACA migrant amnesty order | Eastern NC Now

The Fifth Circuit Federal Court of Appeals has struck down Obama's DACA amnesty decree for certain illegal aliens as "hving no basis in law" and "not even rising to the level of a regulation." Obama admitted that the executive branch, including himself, had no authority to grant it, but his DHS Secretary issued a memorandum claiming to authorize it anyway.

DACA amnesty covers illegal aliens who claim they were brought into the country as children by parents or others.  They do not have to prove that, only claim it, and hundreds of thousands have.  Coming in as children can include as teenagers when they were old enought to know better.

DACA amnesty has been controversial from the beginning.  There is no basis in federal immigration law for it, and there never was even an attempt to get Congress to amend immigration laws to allow it.  Obama did not even follow the requirements of the Administrative Procedures Act to try to do it through rulemaking or even try to do it by executive order.   The only thing that was done was to issue the DHS memorandum.  In the first Trump Administration, the Secretary of Homeland Security rescinded that Obama era memorandum.

The case heard by the Fifth Circuit was filed by Texas Attorney General Ken Paxton, and the Federal District Court in Texas had already struck DACA amnesty down. The Biden regime appealed, and now this is the result at the appellate court level, which affirmed the district court.

https://redstate.com/streiff/2025/01/19/fifth-circuit-rules-daca-unconstitutional-setting-up-another-supreme-court-challenge-n2184529