A federal judge has ordered President Donald Trump’s deputies to drop recent curbs on President Barack Obama’s 2012 “Deferred Action for Childhood Arrivals” Oval Office amnesty.
The judge made the December 4 order after declaring that recent regulatory curbs on the DACA program are invalid because the Department of Homeland Security’s acting head was not properly appointed and does not have the legal power to curb the program.
The U.S. Supreme Court decided in June to block Trump’s 2017 decision to end the program on the grounds that his deputies had not sufficiently considered and described the impact of ending the program. The 5-to-4 decision was made possible when Chief Justice John Roberts voted with the bloc of four progressive judges.
Trump’s deputies complied with the court’s ruling but then trimmed the duration of the work permits given to the DACA illegals.
Obama’s 2012 rules invited under-age illegals who arrived before 2007 to ask for work permits. Obama launched the program in the run-up to the 2012 election, despite the high unemployment rate among Americans. His giveaway helped coyotes encourage more Central Americans to migrate into the United States, further hurting Americans — and helping to launch Donald Trump’s 2015 run for the presidency.
The DACA program is controversial because it violates Americans’ right to their own national labor market.
Unless federal agencies drop their guard, the scale of the inevitable fraud is likely to be curbed because the judge’s decision does not offer work permits to the many illegals who arrived after 2007, so excluding hundreds of thousands of Central American youths and children who arrived after 2009 in family groups.
The legal decision was won by several progressive groups who get funding from wealthy investors who gain from the large inflow of foreign workers and consumers.
The groups also touted the judge’s decision to allow the migrants to use the “Advanced Parole” rule in border law. This rule has been used by many of the DACA migrants to alter their legal status and get green cards.
As President, Trump zig-zagged on the DACA issue, largely because he expected to trade the legalization of the roughly 750,000 DACA illegals for some changes in immigration and border laws. The Democrats rejected his trade, leaving the DACA issue as a campaign issue for Latino activists.
Joe Biden is now promising to revive the work permit amnesty, and Democrats say they will try to pass a formal amnesty for millions of illegal migrants.
But the legal basis for the entire work permit program is uncertain because it rests on the claim that section 1324a of federal law allows the White House to provide work permits to whomever it wishes, regardless of Congress’s 1965 law denying more foreigners the right to take jobs in the United States.
Under current rules, Congress annually invites roughly one million legal migrants and at least 1.5 million foreign workers to take jobs in Americans’ labor market. The government policy of inflating the legal labor supply shifts wages and wealth from American workers to employers, investors, and migrants.
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