EDITORIAL: Judge tosses DACA; time for Congress to step up

In a victory for the separation of powers, a federal judge last week tossed out the Obama-era Deferred Action for Childhood Arrivals program, better known as DACA. It’s now time for Congress to reach a compromise.

It’s important to note that the ruling has nothing to say about the wisdom of the program, which shielded some younger immigrants from deportation and granted them work permits. Instead, U.S. District Judge Andrew Hanen out of Texas ruled that the executive branch lacked the authority to bypass Congress and unilaterally implement such a policy.

“As popular as this program might be,” Judge Hanen wrote, “the proper origination point for the DACA program was, and is, Congress.”

The ruling prevents the Biden administration from approving new DACA applications. But the judge stayed his decision as it applies to current recipients, meaning there will be no immediate effect on those who have relied on the program over the past nine years.

This decision should come as no surprise and is correct on the law. As president, Barack Obama commented numerous times that his constitutional authority was limited when dealing with the issue of children or young adults — the so-called “DREAMers” — in the country illegally. Ultimately, however, he decided to implement DACA in 2012 after Republicans and Democrats in the legislative branch remained at loggerheads.

Former President Donald Trump attempted to end the program, but the Supreme Court ruled his administration didn’t follow the proper procedures and kept DACA in place. The Biden administration has vowed to appeal Judge Hanen’s ruling, but that would be a risk given the court’s current makeup and keep the DREAMers in limbo. Better that the White House pursue bipartisan legislation that can gain the support of Senate Republicans.

Polls show widespread support for allowing young immigrants who were brought to the country illegally to stay in the United States as long as they have no serious criminal record. Several Republicans in both the House and Senate have previously expressed support for a bill protecting such undocumented immigrants from deportation. A deal is in the best interests of everyone involved.

Democrats have had the numbers to pass legislation in the past, but have preferred to use the DREAMers as political pawns. Any effort to wrap the DACA issue into a larger bill laced with poison pills intended to repel GOP lawmakers and their supporters will simply be more of the same. A compromise, stand-alone measure that accomplishes similar objectives to Mr. Obama’s policy order is the most promising way forward.