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Legalize the DREAMers

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Notorious hack Andrew Hanen has ruled DACA unconstitutional and stopped all applications going forward. What needs to happen next is obvious:

Hanen’s ruling called Deferred Action for Childhood Arrivals, or DACA, an “illegally implemented program” and said “the public interest of the nation is always served by the cessation of a program that was created in violation of law.”

He prohibited the Department of Homeland Security from approving new applications, issued a permanent injunction vacating the memo that created DACA in 2012 — when President Biden was vice president — and remanded the issue to the U.S. Department of Homeland Security for reconsideration.

The Biden administration had no immediate response to Friday’s ruling. But the long-awaited knockdown spurred a political outcry and intensified pressure on the White House and Congress to pass an immigration measure this year.

Immigrants brought to this country as children, known as “dreamers,” are among the most sympathetic of the 11 million immigrants in the United States illegally. Still, Republican and Democratic lawmakers have been unable to agree on whether to grant them legal status despite months of negotiations.

Democrats are considering whether to use a budget reconciliation measure to take that action, a move that would require only a simple majority vote in the evenly divided Senate.

In statements Friday, both Senate Majority Leader Charles E. Schumer (D-N.Y.) and House Speaker Nancy Pelosi (D-Calif.) vowed to press forward on legislation that would ensure dreamers have a pathway to citizenship. Senate Judiciary Committee Chairman Richard J. Durbin (D-Ill.), who has sponsored legislation for the past 20 years to grant dreamers citizenship — without success — said Congress had “found excuses to put off this decision” for too many years.

“Congress will now act quickly — with or without the party of Donald Trump — to allow these Americans to finally become citizens,” Durbin said Friday.

Attempts to get a bipartisan immigration grand bargain, like the vast majority of such potential efforts, are completely futile. Republicans had their chance to make a deal and they refused; time for a Democratic Congress to pass a bill reflecting Democratic priorities with Democratic votes.

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