The U.S. Court of Appeals for the Fifth Circuit ruled Wednesday in the case of Texas v. United States — deciding that the Obama-era immigration policy on Deferred Action for Childhood Arrivals, commonly known as DACA, is unlawful.
The Immigration Reform Law Institute (IRLI), a conservative immigration group based in Washington, D.C. had filed a “friend-of-the-court brief before the appellate court urging that result.”
Per a statement issued by IRLI Thursday afternoon:
“In its brief on appeal, IRLI showed that DACA is unlawful in a number of respects; for example, it represents a systemic, programmatic failure to carry out the executive's constitutional duty to take care that the nation's laws be faithfully executed. IRLI also showed that the Supreme Court has held that DACA is a substantive rule.
That holding dooms DACA, because a court must vacate substantive rules that did not go through the notice and comment process, and it is undisputed that DACA never went through that process.
IN YESTERDAY'S RULING, THE FIFTH CIRCUIT AGREED THAT DACA WAS INVALID BECAUSE IT NEVER WENT THROUGH NOTICE AND COMMENT. IT ALSO HELD THAT DACA WAS CONTRARY TO LAW BECAUSE IT PROVIDES THAT ALIENS WHOM THE LAW SAYS MAY BE REMOVED MAY NOT BE REMOVED.“
Dan Wilcox, executive director and general counsel of IRLI, also added the following:
“The key point here—and why this is a major victory—is that the court found DACA unlawful. Obama never had the authority for this; it is Congress, not the executive, that has the constitutional power to admit aliens or legalize illegal aliens. Given the current border crisis brought on by the executive's refusal to perform its duty under the law, we are pleased that the Fifth Circuit forcefully reiterated this vital principle.”
The Federation for American Immigration Reform (FAIR), which is IRLI's sister organization, also took time to highlight Biden and Obama's legacy of border blunders and called upon congressional Democrats to step and finally secure America's southern border.
FAIR President Dan Stein shared the following sentiment in a press release issued by the group:
“The multiple immigration crises facing our nation cannot be solved through unlawful executive action or an amnesty bill. They can only be addressed when the White House and congressional Democrats finally decide to act in good faith to restore the integrity of the countless immigration laws to which they have laid waste.”
Republicans are ready to force the Biden administration's hand to take action on the issue, first by cutting off the head of the proverbial snake and impeaching Biden's Department of Homeland Security (DHS) Secretary Alejandro Mayorkas — if they are able to regain control of Congress in next month's midterm elections.
As American Liberty News reported Thursday:
Republicans are gearing up to make big waves once they retake a majority in Congress.
First up on the chopping block could be Department of Homeland Security Secretary Alejandro Mayorkas due to his gross “dereliction of duty” at the U.S.-Mexico border.
On Wednesday, Sens. Lindsey Graham (R-S.C.) and Ted Cruz (R-Tx) sent a letter to Mayorkas containing Customs and Border Patrol data that shows the situation at the border has rapidly deteriorated since he took office. The senators warned that if the problem is not corrected soon lawmakers will be forced to consider impeachment.
The lack of action by the Biden administration on border security may very well cost his party in the midterms.
The Cook Political Report shifted Texas' 34th Congressional District from Lean Democrat to Toss Up just this week. The November race for this seat is a notable one as two incumbents face off in the district. Republican incumbent Mayra Flores ran in a special election earlier this year and flipped the seat after the resignation of its previous occupant, former Democrat Representative Filemon Vela. Now, Flores faces off against Democrat Congressman Vicente Gonzalez who presently represents Texas's 15th Congressional District but is now running in the 34th District after this year's redistricting process. The race should be a cakewalk for Gonzalez, as The Texas Tribune reports that the new TX-34 “would have voted 41.7% for Trump and 57.2% for Biden, and Biden would have won by 15.5 percentage points.”
The major (if not only) issue at play here is border security. If Flores can pull off reelection in a deep blue seat, then pro-border patrol candidates such as Yesli Vega running to flip Virginia's 7th District should easily take back more competitive Democrat-held seats next month as well.
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
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I’m all for the borders closed, Biden has ruined our country, he is demented.
Majorkas should be forced to resign! Or impeached for dereliction if duty, as well as Biden, Harris, Piglosi and Schumer! The have ALL been derelict in their duties, have many times over broken their oath of office! The border state governors should have the legal right to declare an emergency and close the border. No one in! Someone must protect our country since Biden and crew are too inept to do so. We have the right to demand the safety of OUR country!
It should never have been opened to begin with. I think he took the law into his own hands and made his own law to open it up at all. This is not the way the Immigration laws read at all. He has been wrong on everything he has done since in office. He has made his own rules and ignored all the laws of this country.
If you have established that the immigration laws were wrong and have no power, why do we have to wait for congress or the president to DO something? Doesn’t that mean the law is void?? Can’t we shut the border down? Finish the wall?