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Why DACA Was Entirely Unconstitutional

William Jacobson of Legal Insurrection Explains

(photo credit: Bill Clark/Getty Images)

The Trump administration formally announced on Tuesday it will end the Deferred Action for Childhood Arrivals program — also called DACA — putting an impending end to the legal protections granted to the estimated 800,000 people known as "DREAMers."

President Trump issued a statement, saying, "I do not favor punishing children, most of whom are now adults, for the actions of their parents. But we must also recognize that we are nation of opportunity because we are a nation of laws."

The executive action has been controversial, with many making the argument that it’s an unconstitutional overreach from the White House on immigration policy. The Trump administration’s lawyers felt it was indefensible in its current form, while the Department of Homeland Security was adamant that an act of Congress was needed to keep DACA as it stands today. 

WIBC host Tony Katz spoke with William Jacobson of Legal Insurrection to get his views on the constitutionality of DACA.


[DACA] was unconstitutional because it was legislative in nature without going through the legislature. 

The thing to keep in mind is that President Obama did not simply decide in the exercise of prosecutorial discretion who would be prosecuted and who would not be. He actually created a new category of immigration rights that are found nowhere in the law and created a new status for people that is not found in the law. And if you're going to do that, you need to go through Congress. And not only was it not found in the law anyplace, it was actually contrary to existing legislation.

...[President Obama] usurped the Congress' power to make laws and implemented new status and new rights that were contrary to existing legislation.

Check out Tony's full interview with William Jacobson by clicking on the link below:

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