DHS Secretary Alejandro Mayorkas called on Congress to pass amnesty for illegal immigrants this week after DACA, a program to allow those who came to the U.S. illegally as children to remain in the country, was ruled illegal for the second time.
United States District Judge Andrew Hanen ruled Wednesday that DACA was unconstitutional after he first found in 2021 that the Obama administration acted illegally when creating it.
"While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time," Hanen wrote in his 40-page ruling. "The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation ... The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void."
The ruling did not immediately order an end to the program.
Previous analysis by Breitbart News found that amnesty for DACA recipients would cost the U.S. government $115 billion due to government benefits to which the new citizens would be entitled.
Congress has not been willing to pass broad amnesty because of these costs and others.
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