Is DACA being cancelled for being unconstitutional?

When President Barack Obama launched Deferred Action for Childhood Arrivals program for DREAMers, he did so without the approval of Congress (which makes all laws in America) and relied on two provisions that allow the President to set priorities in enforcement (to make the best use of government resources and focus on what is important) and another one that gives prosecutors some discretion in enforcing the law (that is why some times prosecutors decide not to prosecute someone).  The president pretty much has absolute power in this matter, though, legally, he can be penalized for it by Congress through impeachment.  As soon as DACA was announced, the ICE agents who believed that they were being asked to not enforce US immigration laws challenged it in court.  It seems, though, that the DACA program will be declared unconstitutional by Federal Judge Reed O’Connor because it violates American immigration laws. 

What is the best case scenario?  The Government will challenge the decision and the next decision may not come for a year or even two.  In the meantime, most likely, the program will operate as it is.  Hopefully, in the meantime Obama Immigration Reform will pass, and while it is beneficial for DREAMers to have DACA approval to be able to work and live legally before they adjust to RPI status, it is unlikely that existing DACA approvals will be declared null and void.  It is also highly unlikely that DREAMers who have provided all their details will be rounded up and deported because of the political support that undocumented immigrants now have.


What is the worst case scenario?  It is purely speculative at this point, and highly unlikely, but the judge may order the program to be unconstitutional, declare that all DACA approvals are null and void, and no more approvals can be issued.  That would result in the program being shut down with pending applications simply frozen.  Accordingly, DACA approved DREAMers will legally need to stop working because that would be violation of the law and their valid Social Security numbers would no longer be valid because there will no longer be a DHS authorization.  The USCIS will also cancel the EAD cards.  While the law may make it mandatory to deport the individuals who are no longer authorized to be in the country, it is unlikely that it will be enforced.  If all of this were to happen it will be deeply embarrassing as a political defeat for the President but it will give him a reason to push for passing of Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (BSEOIM).

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