“DACA’s Deficiencies are Severe”: Federal Appellate Court Rules Against DACA

For years, I have written that I considered President Barack Obama’s action to create Deferred Action for Childhood Arrivals (DACA) to be unlawful. The move was part of an open effort to circumvent Congress when it failed to yield to the demands of President Obama and dispensed with obligations under the Administrative Procedure Act (APA). Now the United States Court of Appeals for the Fifth Circuit has upheld a lower court in ruling against DACA.

Writing for a unanimous three-judge panel of the Fifth Circuit (with U.S. Circuit Judges James Ho and Kurt Engelhardt), Chief Judge Priscilla Richman found that President Obama did indeed circumvent Congress and evaded the limits imposed in the Immigration and Nationality Act (INA) when it enacted DACA in 2012. The court declared:

“Under the first factor, DACA’s deficiencies are severe. The district court’s excellent opinion correctly identified fundamental substantive defects in the program. The DACA Memorandum contradicts significant portions of the INA. There is no possibility that DHS could obviate these conflicts on remand.”

The court, however, did not change the status of the roughly 600,000 people from 150 countries enrolled under DACA. It sent the case back to the trial court for further proceedings.

The Biden Administration fought to block any judicial review by challenging the standing of Texas to bring the action. However, it did little to refute the claims of injury raised by the state, including an expert who estimated that DACA recipients overall impose a cost of more than $250,000,000 on Texas per year and another $533,000,000 annually in costs to local Texas communities.

In addition, the court noted that:

“Texas contends that the rescission of DACA would cause some recipients to leave, thereby reducing the financial burdens on the State. It cites a survey of over three thousand DACA recipients in which twenty-two percent of respondents said they were likely or very likely to leave the country if DACA ended.130 The Government presents evidence that many recipients would remain without DACA, but that does not controvert Texas’s showing that some would leave.”

The Fifth Circuit also rejected the common claim that this is nothing more than the exercise of prosecutorial discretion not to prosecute cases:

“As our court held in DAPA, “‘[a]lthough prosecutorial discretion is broad, it is not “unfettered.”’ Declining to prosecute does not transform presence deemed unlawful by Congress into lawful presence and confer eligibility for otherwise unavailable benefits based on that change.”

Even if the INA were ambiguous, DACA would fail at step two because it is an unreasonable interpretation of the INA. Like DAPA, DACA “undoubtedly implicates ‘question[s] of deep “economic and political significance” that [are] central to this statutory scheme; had Congress wished to assign that decision to an agency, it surely would have done so expressly.’”

There is no “clear congressional authorization” for the power that DHS claims.”

U.S. District Judge Andrew Hanen will now get the case back. He previously decided that the Department of Homeland Security had implemented DACA in violation of the APA.

In response, the Biden administration has developed a new DACA rule and published it on the Federal Register to satisfy the public notice-and-comment process. The new rule is scheduled to become active on Oct. 31.

The case could ultimately find its way to the Supreme Court but such a move could only magnify the bad precedent already created in the case for the Administration.

Here is the opinion: Texas v. United States

157 thoughts on ““DACA’s Deficiencies are Severe”: Federal Appellate Court Rules Against DACA”

  1. The American Dream is dying as younger people believe it’s only downhill from here

    Not only do people find it hard to achieve that aspirational standard of living, but 49% of adults say it’s hard for them now to even improve their current standard of living. And for the Gen-Zers and Alphas in the back, 54% of the adults surveyed said they believed it’s unlikely young people will have a better standard of living then their parents.

    Export them all to Cuba, Nicaragua, Venezuela.

    1. And vs worse than that….the daca already had the next generation of kids…..it’s immposssible to see two generations back! We need to change the law on voting..the fair housing act….let’s them live here…But no one gets to vote…it’s vaccuum. The owner the American ought to get to vote his place. We cut have…illegals get to occuppy…..But no one gets to vote…….that’s the fast pass to facism. It cannot stnd. Owners shall maintain the right to vote since by the fair housing act…..we have no way to st who rents!…..they could be Vanessa s ‘s in the over ploy! Much like ipersins!

  2. We knew back in June of 2012 that Obama KNEW without a shadow of a doubt that what he was doing, with DACA, was not permitted for a US President, and therefore he knew he was violating his sworn pledge to abide by and support the US Constitution. He not only knew it, he spoke out loud that he knew it.

  3. In October 2010, Barack Obama stated “I am not king” when asked about allowing young illegal immigrants to remain in the United States without an act of Congress. In June 2012, Obama reconsidered and issued just such a decree.

  4. Meanwhile, there is no accountability for Obama and the other co-conspirators who hatched the illegal DACA program.

    They didn’t care that the program was illegal. They knew they could get away with it for long enough to serve the progressives’ nakedly partisan political aims. And they were right. Ten years later, we are faced with a grotesque fait accompli. Talk about a cynical misuse of government power.

    They knew there would be no accountability for the government apparatchiks who carried it out. For far too long, Obama and his multitude of minions have grown fat on the government teat, secure in their government jobs, benefits, and pensions. The lucky one percenters at the top of the pyramid – like Obama himself – grift outrageous book deals and speaking fees. And they like it, much like their progenitors in Soviet times.

    The fly in the ointment is that Obama and his minions, in their hubris, never considered the possibility that many Hispanics would come to reject the progressives’ radical leftist social policies. That Hispanics who came to this country to build a better life for themselves and their families would come to see the folly in the progressives’ regressive economic schemes. That they, along with millions of other Americans, would come to reject the progressives sad, destructive politics of division and victimhood. That Hispanics would not serve as monolithic, subservient tools of progressive political power.

    If these trends continue, the progressives will soon be using the Build Back Better and Inflation Reduction Act slush funds to build a wall at the southern border. Since it faces south, they will probably cover it with subsidized solar panels and call it an energy program. With the full support of the green energy lobby.

  5. Off topic, but to correct, once again, some errors by John Say:
    For freight hauled by rail, measured in tonne-kilolmeters, the top three countries in order are
    China, Russia & then the USA.
    No surprise as the majority of goods manufactured in East Asia destined for Europe went via China, if made in China, to Russia, loaded from seaports from Korea and Japan, and thence to Poland for transshipment to standard gauge and onward.
    Of course this was before Ukraine so I don’t know about currently.

      1. Russia’s GDP and population are a fraction of the US.
        Russia is a huge country and absolutely they must transport people, products and raw materials vast distances.
        But GDP is what you produce, Russia would have to on average transport everything 5 times as far as the US to match US tonne/miles.

        China has many times more people, but a very similar GDP to the US. China transports vast amounts of raw materials. but all production is in about 10% of the country along the coasts, and finished goods are primarly transported by sea.

        The US has NONE of the top 10 ports in the world. China has seven and the rest are in asia.

    1. What “errors” were you supposedly correcting that made you feel it so important to comment off topic?

      1. I said that the US rail freight system was far better than the EU and the envy of the world.
        DB rebutted this by falsely claiming that Russia and china transport MORE tonne/miles by rail.
        Which is both false and irrelevant to whether a system is superior or not.
        Both Russia and China exceed the US by volume WHEN passenger transport is included – but not when limited to Freight.

        And again tonne/miles is a measure of capacity not quality.

        But even there while Russia’s vast scale would result in much longer transportation chains for raw materials.
        its low population, its low GDP and its low exports – the largest of which is oil and gas, should make it obvious that it is just not going to reach the total capacity of the US or China.

        China is more complex – like the US population is concentrated in a small portion of the country. but unlike the US that concentration is exclusively along a coastal band – if 90% of americans lived along the east and gulf costs and there were few major cities elsewhere that would be the same as China. But the US has large cities and population areas along all causes and arround the great lakes.

        Both China and Russia have much different transportation patterns.

        The US is going to be more similar to the EU in population distribution and transportation paterns.

    2. You are correct – using the measure that includes passenger miles.
      You are wrong when it is strictly freight.
      I have pointed this out with sources including wikipedia – which you swoon over.
      Yet you continue to wish to argue.

      Of course the whole debate should not matter – The EU is not on the list.

      Russia really makes no sense at all – because while they are a vast country and must ship over huge distances,
      their GDP is a fraction of that of the US. There primary rail freight is things like coal.

      The US ships raw materials like coal, and generally over large distances – though not so large as russia.
      But we also ship finished product. Andwe ship far more, because we make far more.

      China ships both raw materials and finished products and has GDP near that of the US, but its people and production are confined mostly to the east coast. The US is bicoastal AND has a manufacturing heartland.

      Both China and Russia top the US – only when passenger transport is included. Both transport people extensively by Train.

    3. Significant goods are not transported from asia to Europe via rail. As YOU note they are transported via ship for most of the trip.

      Top ten busiest ports in the world
      1. Shanghai Port
      2. Singapore Port
      3. Port of Ningbo, China
      4. Shenzhen Port
      5. Port of Guangzhou, China
      6. Port of Busan
      7. Port of Qingdao, China
      8. Port of Hong Kong
      9. Port of Tianjin, China
      10. Port Klang, Malaysia

      of the Top 10 seven are in China if you include Hong Kong.
      With rare exceptions global shipping is by ship.

      The root cause of the mess at the port of LA was that Xi’s zero covid policy briefly shutown the port of Shanghai.
      When it reopened – unlike the port of LA which was constricted with union and government rules, it rapidly caught up with its backlog. and when these container ships showed up at LA, idiotic government nonsense made it so that we could not unload as fast as ships were coming in.

      This ended up with a substantial portion of the worlds supply of huge container ships off the port of LA
      creating a shortage of available container ships, spiking the price of shipping by a factor of 10 or more,
      and resulting in smaller containerships that normally served smaller countries in the world being diverted to US transpacific service. The good news was many of these could transit the panama canal otherwise the backlog at Port of LA would have kept mushrooming.

    4. I would also note that my argument was that the US had the best freight rail system in the world, not that it shipped the most tonne miles. the latter is also true, but independent.

      The rail system in Russia is inefficient, but the country is vast, and rail is the only means of transport in much of the country.

    1. Just remember that Svelaz and his friends were the ones who told us that the Hunter laptop was Russian disinformation. Now he thinks that somehow we are supposed to pay attention to what he says Professor Turley should or should not chose to be his subject matter. Svelaz doesn’t want us to read our hear about the Biden scoundrels. So who is it who is deflecting here? Svelaz or Professor Turley.

      1. Thinkitthrough, you assume too much. BUT I guarantee Turley will bring up that issue tomorrow. It’s that predictable.

  6. Non sequitur. In helping my son with his math homework, I would like to say…Common Core math should DIE. The curriculum makes more kids hate math than ever, forces abstract thinking at too young an age, and makes simply math turn into tortuously long dissertations that require reams of paper rather than a single sheet and 5 minutes. It should be put into a box, and then put into a bigger box, weighted down with a boulder, and then dropped into the Marian Trench to prevent future archeologists from uncovering our shame in education. No wonder the US lags so far behind other developed nations in academics.

    That is all.

    1. This reader’s suggestion is shocking. Shockingly insufficient.
      What needs to happen is not merely what she suggests.
      The issue is what has to come first before the Mariana Tremch is despoiled.

      Start by keelhauling the bloody Pearson-Publishing-conflicted Dept of Education consultants
      who inflilcted this AFTERBIRTH of a curriculum on the pubic school system,
      Then draw and quarter them. Then display their remains
      in a transparent glass barrel containing formaldehyde.
      Be sure it is displayed prominently for all to see
      in front of the Dept of Education for at least a week.
      And, of course, create a school curriculum around
      helping K-12 students to learn and to appreciate
      why this is NOT cruel and unusual punishment for Treason.

    2. Karen, you are an inspiration. What you are doing with your son will have far more lasting effects than anything the schools can possibly do, other than corruption. Recall my parents never finished grammar school in Cuba. My parents taught me skills that no one in my primary schooling could have imparted. Even today as I endeavor to write 2 scientific manuscripts that few people can understand, my parents spirit, long deceased, push me forward.

      Consider the following results from PubMed using the keyword “monocytes” in the Title of the article, published in the past year, first 200 results. Observe the names of the authors: majority are foreigners. Few, if any, “Smith, Johnson, Jackson, Clark” etc.


      American parents have failed miserably at inspiring their children to reach for the stars and dream big. You can do that and likely are. Keep going, Karen. Your son will thank you for your faithfulness long after you are gone

      Stop neurosing about the US border. Like you I am concerned, particularly about pathogens and global terrorists entering America. I can do nothing about these. I can however do a great deal about me, my family, my impact upon others and being faithful to God. Your number 1 vocation, it seems to me, is to be a godly mother (and spouse), which are more daunting tasks than any other job on the planet.

      When you see obstacles in your path it is because you have taken your eyes off of the prize.

      1. Estovir,
        You are certainly correct about the names in scientific journals and many of the professors in the sciences at many universities in this nation. I would say that at least half of my undergraduate science professors were not born in the United States. I am okay with that, but it is a sad reflection on many of our students who are not willing to pursue rigorous academic subjects.

        I love the story of Doctor Ben Carson that is both a book and an excellent movie, “Gifted Hands.” It was his mother’s determination who set Ben and his brother on a new trajectory once she realized that they did not have a fighting chance if they did not seriously buckle down. She lit a fire under them. Once Dr. Carson discovered his potential and understood the excruciating work that it required, he was set on a path for greatness in the world of Medicine that took far beyond his wildest dreams.

        So many people of this world do not have a safety net. They know that they had no other option other than to succeed at all costs. They want a better opportunity for their children.

        I think it is marvelous that you honor your parent in many of your posts. They must have been brave and amazing people.

        One of my favorite scriptures is in Proverbs (Book of Wisdom) Chapter 22:29. “Do you see a man who is diligent in his business? He shall stand before kings; he shall not stand before mean men.”

        My father used to tell me, “If you get hungry enough, you will understand and appreciate your blessings. His first language was not English and his father still farmed with mules. My grandparents raised six wonderful children during the depression from a small farm and a garden.

        1. Beautiful story EM, thanks for sharing.

          If you get hungry enough, you will understand and appreciate your blessings

          My father often said the same. In spanish, the word “hunger” is translated “hambre”. My father would often comment about lazy people no tienen hambre, they have no hunger.

          We recently purchased a new bed at home, and it was delivered by a private delivery company, a father and son Hispanic team with a Ryder truck. They were supposed to take the old bed with them as agreed with the sales representative at the furniture store. However this was not noted in the sales receipt. Consequently the father told me in Spanish that he could not take the old bed because it was not on the receipt. He and I went back-and-forth in Spanish with me trying to coax him into taking the old bed. I finally called the furniture store and they were of no help whatsoever. Finally the father told me in Spanish, “if you give me a tip I will take the old bed with me”. My response was laughter because he demonstrated “hambre”. I replied to him in Spanish, “of course I was planning on giving you a tip, however if you do not take the old bed I definitely will not give you the tip “. Naturally he decided to take the bed and I tipped him and his son a very generous tip. When I presented the tip to him he said “give it to my son, since he will be giving it to his mother who always manages our money.” He drove away, father and son in a rented Ryder truck, to their next delivery, and I was so proud of them.

          I say this because I find hunger more pervasive among immigrants. They are desperate to make it in America and will do anything to succeed. Americans today? Not so much.

          Thanks for the Scripture quote too.

          1. From 2019, “Most illegal immigrants in US receive government benefits, costing taxpayers billions: experts”

            Those types of problems have probably gotten worse since 2019.

            Estovir, take note, Trump sent aid to Guatemala, Honduras, and elsewhere. At least in those two countries, he made a deal for American money to reduce crime and improve the lives of people living there so that people would not flee to America, entering illegally.

            That benefitted both countries and did not stop legal immigration from them. If the ‘best citizens’ leave for America or elsewhere, that destroys some of the building blocks of the nations they leave, causing those that remain to suffer even more. That type of suffering is in the billions.

            I have no problem with immigration. America needs it, but we do not want people to start their lives as criminals by breaking American law the second they enter. We can take immigrants from all over the world, but it must be the decision of American citizens, not the illegals.

            What, in your mind, makes illegal immigration better than legal immigration? Why do you want to incentify people to enter this nation because of our welfare benefits? What do you have against legal immigration?


          2. Estovir,
            Thank you. I like what your father said about lazy people not having hunger. I also like the story about the father/son business.

            If a person is willing to get after it, to work hard, they have a good shot for success. When things go south with our economy and the government can no longer do much to help, perhaps then the hunger will return and people will have to rely on themselves and their families to make it.

            1. As a practicing Catholic I find a lot of logic in Charles Darwin’s observations on evolution and natural selection, which happily compliment the topic we are discussing. To wit:

              Man selects only for his own good: Nature only for that of the being which she tends.
              ― Charles Darwin, The Origin of Species

              I find the above in concert with Sacred Scripture, New Testament:

              We instruct you, brothers, in the name of [our] Lord Jesus Christ, to shun any brother who conducts himself in a disorderly way and not according to the tradition they received from us. For you know how one must imitate us. For we did not act in a disorderly way among you, nor did we eat food received free from anyone. On the contrary, in toil and drudgery, night and day we worked, so as not to burden any of you. Not that we do not have the right. Rather, we wanted to present ourselves as a model for you, so that you might imitate us. In fact, when we were with you, we instructed you that if anyone was unwilling to work, neither should that one eat. We hear that some are conducting themselves among you in a disorderly way, by not keeping busy but minding the business of others
              – 2 Thessalonians 3:6-11

              “Unwilling” is the key word in the above Ss.

              Regulars on here know I often inject Catholicism into my comments vis a vis the 7 Cardinal or Deadly Sins, which include my 3 favorite when it comes to patient care: Pride, Gluttony and Sloth.

              The Jewish Religion is a beautiful Faith. Yom Kippur fell this year on October 4–5, the holiest day of the year. Chabad.org has this to say about it:

              For nearly 26 hours we “afflict our souls”: we abstain from food and drink, do not wash or apply lotions or creams, do not wear leather footwear, and abstain from marital relations. Instead, we spend the day in synagogue, praying for forgiveness……On Yom Kippur, we afflict ourselves by avoiding the following five actions:

              Eating or drinking (in case of need, see here and consult a medical professional and a rabbi)
              Wearing leather shoes
              Applying lotions or creams
              Washing or bathing
              Engaging in conjugal relations

              Beyond specific actions, Yom Kippur is dedicated to introspection, prayer and asking G‑d for forgiveness…..Indeed, although Yom Kippur is the most solemn day of the year, it is suffused with an undercurrent of joy; it is the joy of being immersed in the spirituality of the day and expresses confidence that G‑d will accept our repentance, forgive our sins, and seal our verdict for a year of life, health and happiness.

              There is a custom that after Yom Kippur, we immediately begin (planning) construction of the sukkah, which we will use for the joyous holiday of Sukkot, which follows in just five days.

              Sounds excessive? To the “proud”, yes. To the man who knows his place before God, hardly. The practice of Judaism and Catholicism are like the practice of medicine, lawyering, and bodybuilding. These take years and years of practice. One does not excel at them if one fails to engage the hard work therein.

              In a word, it is all about self-discipline.

              Nature follows a trajectory that is based on universal laws, all in an effort to achieve homeostasis and eventually furthering life. America is in decline for obvious reasons: we are coasting, full of ourselves, complacent and idle. It is no coincidence that Americans, medically speaking, have succumbed to gluttony and slothfulness (obesity and sedentary life). They have no hambre like in the manner you and I are discussing. Witness the long list of published scientists on PubMed who are foreigners, as I previously mentioned. Americans are missing in action when it comes to engaging the hard work of life. They are unwilling, as 2 Thessalonians states in the above quote.

              So too it is not surprising that fallen away “bad” Jews and “slack” Christians have made themselves the center of the universe, the seat of wisdom, the arbiters of good vs evil, supreme oracles, legends in their own minds. These spend their elder years trolling the internet, kvetching, commenting online in public forums for many hours each day. They are consumed with their pride and slothfulness. They could be spending their remaining years with their spouses, living near their children and grandchildren, making it their vocation to help others, neighbors, their church or temple members, or accompanying the less fortunate outside their front door.

              One of two things has to happen in America to correct its trajectory
              1. Americans collectively need to experience an individual yet profound metanoia, an extended Yom Kippur or Lent, if you will
              2. Catastrophic event to force us to work together as brothers and sisters, and see how we need each other, a true Pro-Life stance, as in “all life is sacred”

              I prefer option 1 but it is unlikely to happen.

              On a molecular, cellular level, the body initiates cell suicide or apoptosis when a cell fails to function properly. We are at apoptosis as a society.


                1. That was a quote from the site, Chabad.org. If you look at the site, you will see the word God is written as G-d, there. It is not censored here.

                  God God God God God God God God God God God God God God God God God God God God God God God God God God God God God

                2. “Following the Torah’s instruction to “obliterate the name” of idolatry in the Land of Israel,1 the Torah warns us not to do the same to G‑d. We thus learn that there is a prohibition to erase G‑d’s name.2 Writing G‑d’s name could lead to erasing or disrespecting G‑d’s name, as will be discussed.

                  Foreign Languages

                  While it is clear that this prohibition applies to the names of G‑d written in Hebrew,3 the question is whether it applies to foreign languages, such as English….


    3. Look a cfr 45 and the Belmont rule. And title 34 part 98. S ue the vastness for research without parental consent.

    4. Not sure why Turkey won’t post that you look at cfr 45 and the Belmont rule. And specifically at title 34 part 98. Your kid being a guinea pig and all….

          1. Maybe, maybe not.
            Unarguably we did better 40 years ago.

            We should look at what has changed in that time and seriously contemplate that it was a mistake.

            As I noted before – free markets fail almost all the time. They still result in rising standard of living because those ideas that fail – Fail. Those that work are kept until replaced by better.

            That is clearly NOT what has occured in education – or most anything involving government.

    5. @Karen

      Nothing has ravaged American education like Common Core since it was implemented (though No Child Left Behind is what actually started the downward spiral), and it has been around long enough it has created teachers that are now, finding themselves incompetent, having to reeducate themselves (my wife does professional development and is one who is guiding them). I don’t know where you are that it is still a thing, but thankfully, many districts have begun to phase it out or have dropped it altogether – because, predictably – it doesn’t work.

      We thought at the time it was a farce and were aghast, and we predicted precisely what ended up happening. Thankfully, I think we have by and large begun to nip that one in the bud. Virtually everything the Obama administration conceived was a total disaster. It’s going take some real time to fix all that they damaged. Entire generations have gotten an insufficient basic education, and they’ll never get those important developmental years back.

      Keep advocating for CRT and SEL to go the way of the dodo, too, or we will never catch up to the rest of the world.

    6. Yeah, Karen S: now, the know-it-all knows more about math education and teaching than educators with multiple degrees and teaching licenses who have devoted their lives to education. Just because your son’s math is over your head, doesn’t mean that the concepts and processes are wrong. Math is more than addition, subtraction, division and multiplication.

      1. the know-it-all knows more about math education and teaching than educators with multiple degrees and teaching licenses who have devoted their lives to education.

        Hey know-it-all Jenny, what evidence do you have that proves these “devoted educators with multiple degrees” teaching Common Core have improved math proficiency…anywhere, let alone in California?

      2. “educators with multiple degrees and teaching licenses who have devoted their lives to education” are the people who have FAILED over the past 40 years. They have told us what we need to do – we have done it. They have demanded more money – we have provided it.

        Yet, education at every level is more expensive and far worse than 40 years ago by every measure.

        All you are doing is proving – again, why we should NOT trust the very experts you fawn over.

        I respect the job a teacher does. There are many good teachers. But their advice, their unions, their experts, have failed us and our kids.

        This is unsurprising. This is always what happens when those in control have no “skin in the game” and that is the norm with everything involving government.

    7. Karen,
      This article doesn’t explicitly use the term Common Core, but it describes the current math model in the way you’ve indicated. Interestingly, the Asian demographic seems to have no problem at grade level. Perhaps they should ask the Asian parents to teach the educators with multiple degrees and teaching licenses who have devoted their lives to education, how to do their jobs.

      Student math scores touch off ‘five-alarm fire’ in California
      Analysis finds average eighth graders may have skills indicative of fifth grade


      1. “There are two kinds of math. Hard math and easy math. Hard math is the math that you do not know how to do. Easy math is the math you know how to do.”

        This was the mantra of one of my undergraduate mathematics professors. He also said, “Paper is cheap.”

        Every step of mathematics is interconnected. If a student misses out on any of the steps or if they do not understand the rules of the game, they are lost and have to regain concepts and principles. My professor was telling us that we had to practice, practice, practice and put in the hard yards. When the student makes the breakthrough, then what was once hard becomes “easy.”

        According to a recent memo by J&J, the average American spends 13+ hours interacting with some form of electronic screen. How motivated are the students to do the necessary work with so much competition? It comes down to motivation and determination. With the break down of many families, some kids come to school with additional challenges to overcome. That is true, but that does not mean that they are not capable or able to rise to high expectations. It really doesn’t require a fancy curriculum designed by a committee and a big educational curriculum company. It comes down to a motivated student (extrinsic and intrinsic) and a talented, passionate teacher. It is that simple. Kids can spot a phony in one second. The teachers can do the same when it comes to administrators and curriculum developers that have not been in a classroom in a while or perhaps never spent time, day in and day out in a public school classroom.

        What school districts, politicians, and some administrators seem intent on doing is to make it more difficult for teachers when their real job (and many do) is create a safe learning environment for both the teacher and the student. Every minute of the school day is precious and should be devoted to mastering the core subjects. They should quit trying to teach insanity to children like, “You too can make up your gender.”

        “Hey administrators (and some teachers) LEAVE THEM KIDS ALONE!”

  7. We’ve had over 2 million illegal border crossings in less than a year, on top of legal immigration, visa holders, and visa overstays.

    This is out of control. We can’t afford this, and we don’t have the infrastructure.

    American citizens and legal residents, and the illegal residents already here, are getting squeezed from all sides. Everything costs more. Fuel, rent, groceries, electric bills, trash hauling, propane, all goods and services, insurance, vehicles, mortgages. It’s death by a thousand cuts. I had to start using my calculator app while shopping because my grocery bills were getting insane. The cost of materials for our business have more than doubled. There comes a point where customers will not, or cannot, pay higher prices to cover that. So many small businesses are folding, while both small and large businesses are fleeing California.

    From my perspective, it seems like most Democrat policies make these problems worse. They make every good and service cost more, or they further strain the system. Adding hundreds of thousands of more people as citizens, who don’t legally qualify if the law is followed, seems like utter madness right now.

    That said, I’m very sympathetic to illegal immigrants who were brought here as kids. They’re innocent. Many don’t even remember their home country. The problem I have with legalizing them is that it further incentivizes more illegal immigrants to bring more kids, subjecting them to the dangers of the violent cartels who smuggle them, contributing to unsustainable illegal immigration, flouting our laws, and turning kids into tickets to America. The only way I would entertain the idea would be if the border slammed shut with a clang. It seems like that will never happen.

    Every time amnesty goes through, we’re promised that it’s a one time event. The last and only time. We’re assured the border will be secured, and this is only to resolve the limbo status of the illegals brought here as kids. These are promises not intended to be kept. Every amnesty is followed by waves of encouraged illegal immigrants.

    Only when we convince the world that trying to migrate here illegally is pointless will people only use the legal immigration system. They have to believe the border is impenetrable, they won’t be released inside if everyone claims asylum, they can’t find work or housing here with an illegal status, and they can’t make it here if they break the law. Some of the European counties with the most generous social safety nets, often touted as role models for America, actually have the strictest immigration laws. For some countries, you have to prove you have a job waiting for you, and you’ll immediately contribute to the economy. Some countries require a specific bank account balance. They don’t want to be taken advantage of.

    1. I could not agree more with your entire time out. Now I see this. The Democrat party is the most dangerous party to our country. They are. Just look what is happened to cities where they have been in control for many years. Just look. Look how crime is rampant.

      In concerning crime the most dangerous race in America is the black race. Nationwide they attack men and women of the white race & Southeast Asians. furthermore they are protected and coddled by the most dangerous political party in America.

    2. You sound maga. I flew last week…..Sat by a scientist from argintina….h visa for 3 years. Not daca. Loves huntsville. Left Fargo sat by a pakistani….who only took pictures of the wing. and it’s flaps. Terrorist? My problem with all the migration is it’s impossible to root the good from the bad. Unfortunately we the people are the bad too. So when half of america is considered bad…..But aren’t – then who is keeping their eye on the real threat ball? Like the Pakistani spy I say by? Dc!

      1. I mean that seriously. The fbi is so busy now…..looking for Americans to prove themselves right….in home grown…..they miss our real enemies. And it will be tragic. This Pakistani she wasn’t taking landscape photos….she was taking aircraft photos! Just look at her photos! ! Unfortuncher toy we would rather swab me for in after a Chertoff device…..when the only thing in my pocket was a booking tix! Whilst the Pakistani took really weird photos. Not even parallel with the window…..more about operations. Yet i m the enemy? Go figure!

    3. No, Karen S: “Democrat policies” are not the cause of inflation–it’s mostly due to Trump and his failures of leadership. To wit: he drove the national debt to record levels by passing tax cuts mostly benefitting the wealthy. Interest on the national debt alone is a contributor to inflation. His incompetence caused the country to mostly shut down for about 2 years: businesses, restaurants, factories and schools were mostly closed, and production hasn’t ramped up to meet consumer demand since Biden turned things around. The supply chain was crippled by the trade war he started with China and the tariffs he imposed. There is a shortage of computer chips used in everything from cars to home appliances and computers. Biden got the Chips Act passed to help address this and to encourage domestic chip production. The supply chain still hasn’t caught up to meet consumer demand, so high demand coupled with low supply causes prices to rise. Higher fuel costs are due to lower demand for fuel during the pandemic, no school buses running, people working from home or unemployed and not going on vacations. Refineries cut back production and some closed down and haven’t reopened. Prices were artificially low. Now that the economy is roaring again, supply hasn’t caught up with demand, so prices go up. Trump badly mishandled the pandemic, causing it to be much worse than it had to be, he lied about the seriousness and downplayed it. He had no clue what to do and refused to defer to public health authorities. He pushed quack cures like Hydroxychloroquine. It is estimated that 130,000 Americans died unnecessarily as a result. The recession Trump created was the worse since the Great Depression.

      Migrants come here for jobs: pure and simple. If you want to stop them from coming, then punish those who hire them. Republicans, more sympathetic to businesses, especially big businesses, know that migrants work for minimum wage, don’t demand or enforce overtime rights, don’t seek unemployment benefits or make sexual harassment claims. They are good for the bottom line. Republicans do, however, politicize the massive migration their policies help create and nurture. If you want to stop migration, then make tough laws for hiring them: hefty fines, escalating fines if the employer gets caught a second time, and then, prison. If they don’t have work, they won’t come here.

      1. “it’s mostly due to Trump and his failures of leadership. To wit:
        he drove the national debt to record levels”
        As has every single president in the 21st century.
        Most economists estimate that had Trump been re-elected we would have 3-4% inflation – not 8-9%.

        Neither Trump nor republicans are the deficit hawks they pretend to be.
        They are just the lessor of two evils.

        ” by passing tax cuts mostly benefitting the wealthy.”
        Did not increase debt.

        “Interest on the national debt alone is a contributor to inflation.”
        False, inflation is always and everywhere a monetary phenomena – Milton friedman.

        The root cause of current US inflation is the Federal reserve financing US soending by printing more money.
        That said – inflation which has been inconsequential until Biden, means means everyone including government pays higher interest.

        “His incompetence caused the country to mostly shut down for about 2 years: businesses, restaurants, factories and schools were mostly closed, and production hasn’t ramped up to meet consumer demand since Biden turned things around.”
        Reality disconnect. Trump did not shutdown anything – governors mostly in blue states engaged in ineffective shutdowns.
        The worst economic effects were in two months in late spring 2020, and recovery was dramatic and full.
        There was no economic growth in 2020. But there was no net economic decline.
        There was also no recession because the effects were very short lived.

        “The supply chain was crippled by the trade war he started with China and the tariffs he imposed.”
        That is an unbeleivably stupid argument. The supply chain problems were caused by too much goods trying to travel into and through the US in too short a time. That is pretty much the opposite of what Trade Wars and tarrifs do.

        The supply chain problems were a cascaded of failures that started with China’s zeor covid policy resulting in a near complete shutdown of shanghai – the busiest port in the world for several weeks. When it re-opened, it released a tsunami of backloged goods.
        Shanghai was capable of shipping that backlog in record time. But the port of Los Angeles with draconian union and govenrment rules was unable to keep up with incoming shipping – mostly from shanghai.

        “There is a shortage of computer chips used in everything from cars to home appliances and computers.”
        No, there is a shortage of a few specific chips. That shortage has nothing to do with China which only supplies 10% of global semi-conductors.
        Taiwan supplies 40%.

        The primary cause of the “chip shortage” was US manufacturers – particularly automotive manufacturers canceling orders early in the pandemic.
        As a result global supplies found other markets. So when Automakers suddenly wanted their chips again – the suppliers had already found other markets.

        “Biden got the Chips Act passed to help address this and to encourage domestic chip production.”
        Chips and all efforts by government to stimulate the market are dangerous stupidity.

        If there is a need for greater semiconductor fabrication – the market will provide it.
        There is a global shortage of gas and oil right now. Is there anyone that doubts that if the US government got out of the way that would be solved quickly ?

        “The supply chain still hasn’t caught up to meet consumer demand, so high demand coupled with low supply causes prices to rise.”
        False, You can not have inflation without increasing money supply PERIOD. Please actually learn something about the laws of supply and demand.

        “Higher fuel costs are due to lower demand for fuel during the pandemic, no school buses running, people working from home or unemployed and not going on vacations.”
        Nope, that causes lower fuel prices.

        “Refineries cut back production and some closed down and haven’t reopened.”
        If they have not reopend it is because either there is no supply – or reduced demand.

        “Prices were artificially low.”
        Except when govenrment intervenes prices are by defintion never artificially anything.

        “Now that the economy is roaring again,”
        It was supposed to – it has not.

        “supply hasn’t caught up with demand, so prices go up.”
        That explains a FEW things. It does not explain everything. It does not explain food as an example.
        Further when demand rises – supply follows quickly – THAT is how supply and demand work.

        “Trump badly mishandled the pandemic, causing it to be much worse than it had to be, he lied about the seriousness and downplayed it. He had no clue what to do and refused to defer to public health authorities.”
        And yet 350,000 people died during Trump’s 11 month’s of pandemic – without a vaccine.
        almost 800K died during Biden’s 22 months with a vaccine.

        “He pushed quack cures like Hydroxychloroquine.”
        HCQ is not a cure it is a treatment, and a propholactic. There have always been studies showing that it had a small positive benefit.
        That is slowly getting more attention as the censorship of Covid information is fading.
        HCQ is cheap and could have saved alot of people. Not everyone. Probably not more than 10%.
        Regardless, the malpractice was from those stifling information such as HCQ – the very people YOU say Trump was not listening to.

        The people who have been WRONG about absolutely everything from the start.

        “It is estimated that 130,000 Americans died unnecessarily as a result.”
        There must be some moron out there that estimated something stupid like this.
        The benefit of HCQ is very real, but small. The risk incredibly low.

        “The recession Trump created was the worse since the Great Depression.”
        There was no recession in 2020. There is one now, and it is likely getting worse.
        There was a dramatic economic decline in the spring of 2020 – the worst since the great depression – possibly the worse ever.
        It was the result of the recomendations of the public health experts YOU think should have been followed.
        It was followed immediately by the most rapid recovery in US history such that there was no recession and 2020 GDP matched that of 2019.

        “Migrants come here for jobs: pure and simple.”
        MIgrants come here for seasonal jobs and return afterwards.
        Immigrants come here for jobs and stay.
        Is there are reason we have to keep dicking with the meaning of words. ?

        “If you want to stop them from coming, then punish those who hire them.”
        We have been for a long time.
        Regardless, if as you claim that works – then is Biden not doing that ? Was Trump doing lots of that ?

        We have atleast 5 times the illegal immigration today is during Trump’s term.
        What changed ?

        “Republicans, more sympathetic to businesses, especially big businesses, know that migrants work for minimum wage, don’t demand or enforce overtime rights, don’t seek unemployment benefits or make sexual harassment claims. They are good for the bottom line.”
        So much nonsense. First – the claim that the GOP is the party of big business is nonsense today – a decade ago maybe. But big business is nearly completely dominated by democrats.
        Next illegal immigrants can not work legally – therefore they get LESS than minimum wage. They MUST get less than minimum wage – much less or they would not get hired. No employer will hire an illegal immigrant over a legal worker without a substantial price advantage.
        I would note that flooding the country will illegals – will absolutely result in lower wages, no overtime pay, less benefits, and less sexual harrassment claims – BOTH by illegals and the rest of low wage workforce. A legal MW employee is not demanding benefits, resisting overtime, demanding higher wages, …. if they can easily be replaced by an illegal.

        “Republicans do, however, politicize the massive migration their policies help create and nurture.”
        What do you mean ?

        “If you want to stop migration, then make tough laws for hiring them: hefty fines, escalating fines if the employer gets caught a second time, and then, prison. If they don’t have work, they won’t come here.”
        Again why was there a factor of 5 (and growing) increase in illegal immigration under Biden ?
        There are already pretty draconian laws regarding employing illegals. Is Biden not enforcing them ?
        Were the lower numbers during Trump the result of border enforcement or sanctions against employers ?

        Do you live in the real world ?

        Why do you expect to be taken credibly when you make such obviously erroneous arguments and spray us with gobs of faux facts ?

  8. DACA violated the separation of powers. It is up to Congress to legislate immigration law. It doesn’t matter if you support a legal path to citizenship for children brought here illegally by their parents, or not. It’s not about whether you like the end result or not.

    Neither a president, nor SCOTUS, can just skip the legislative branch entirely to get a desired outcome.

    1. Neither a president, nor SCOTUS, can just skip the legislative branch entirely to get a desired outcome.

      While I don’t disagree with your sentiment, the reality is they can and they have.

      Madison wrote: Will it be sufficient to mark, with precision, the boundaries of these departments, in the constitution of the government, and to trust to these parchment barriers against the encroaching spirit of power? This is the security which appears to have been principally relied on by the compilers of most of the American constitutions. But experience assures us, that the efficacy of the provision has been greatly overrated; and that some more adequate defence is indispensably necessary for the more feeble, against the more powerful members of the government. The legislative department is every where extending the sphere of its activity, and drawing all power into its impetuous vortex.

      Madison didn’t elaborate on what he considered a “more adequate defence.” It certainly doesn’t seem to be what Patrick Henry warned: “Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.”

      So for now, our system of checks and balances will have to rely on the competition of factions and ego to be the check on power.

      1. It is incumbent upon the Congress to impeach presidents that violate the Constitution, which may be a reciprocal and persistent process. The impeachment process must be improved and accelerated to accommodate the increasing volume of corruption.

        Article 2, Section 4

        The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors

      2. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

        – Declaration of Independence, 1776

      3. 2nd Amendment

        A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

      4. Chief Justice Taney’s response to the tyrant Lincoln is a case in point wherein Congress itself must have been impeached for its very failure to impeach, lest violence is allowed to rewrite fundamental law and control a nation, which will itself inevitably require corrective action through the same means.

        “The clause in the Constitution which authorizes the suspension of the privilege of the writ of habeas corpus is in the ninth section of the first article. This article is devoted to the Legislative Department of the United States, and has not the slightest reference to the Executive Department.”

        “I can see no ground whatever for supposing that the President in any emergency or in any state of things can authorize the suspension of the privilege of the writ of habeas corpus, or arrest a citizen except in aid of the judicial power.”

        “I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome.”

        – Chief Justice Roger B. Taney, May 28, 1861

    2. The problem is a 16 year old in 2012 under Obama has anchor babies in 2022. We can’t send two generations back to a foreign country. But we should require there kids go to school….learn English and assimulate. We can demand that!


    “Operation Wetback (1953-1954)”

    In 1951 President Truman’s Commission on Migratory Labor released a report blaming low wages in the Southwest and social ills on illegal immigration: “The magnitude … has reached entirely new levels in the past 7 years.… In its newly achieved proportions, it is virtually an invasion,” the report said. After touring Southern California in August 1953 to assess the impact of illegal immigration, President Dwight D. Eisenhower’s Attorney General, Herbert Brownell, Jr., pushed Congress to enact sanctions against employers of undocumented workers and to confiscate the vehicles that were used to bring them to the United States.While neither proposal became law, the administration moved forward on plans for a deportation
    operation. On June 9, 1954, INS Commissioner General Joseph Swing announced the commencement of “Operation Wetback.”The first phase of the operation began in California and Arizona. Its effectiveness depended on publicity as well as manpower. Extensive media coverage that often exaggerated the strength of the Border Patrol, as well as targeted displays of strength, gave the impression of a greater force. In many regions, this strategy convinced thousands who had entered the U.S. illegally to repatriate voluntarily. In Texas, for example, more than 63,000 individuals returned to Mexico of their own volition; U.S. officials detained an additional 42,000 persons in July 1954. An INS report later indicated that the agency apprehended nearly 1.1 million individuals.

    – Immigration History (.org)

  10. Way off topic but breaking: Hunter Biden’s attorney is quoted in the Hill as follows: “It is regrettable that law enforcement agents appear to be violating the law to prejudice a case against a person who is a target simply because of his family name.” I guess it is not completely off topic: one rule for them, other rules for the rest of us.

  11. It appears Senator Ben Sasse will likely be the next president of the University of Florida, the largest state university of Florida, top 5 public universities in the Nation. He just won a second term in the US Senate in 2020 for Nebraska.

    Search committee unanimously recommends United States Senator Dr. Ben Sasse as sole finalist for University of Florida’s 13th president

    “The University of Florida is the most interesting university in America right now,” said Dr. Sasse. “It’s the most important institution in the nation’s most economically dynamic state — and its board, faculty and graduates are uniquely positioned to lead this country through an era of disruption. The caliber of teaching and research at UF is unmistakable, carried out through the core principles of shared governance and academic freedom. I’m thrilled about the opportunity to work alongside one of the nation’s most outstanding faculties.”

    Sasse also spoke about the role of the University amid a rapidly changing economic, civic and educational landscape.

    “The single biggest challenge our nation faces is the radical disruption of work,” he said. “Technology is changing everything about where, when, why, what and how Americans work — and so it’s changing our homes, neighborhoods and communities too. Lifelong work in one sector will never again be the norm for most Americans, and therefore lifelong learning must necessarily become the norm for most Americans. Higher education is going to need to change and grow — and rethink its forms — again and again.”

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