A federal appeals court ruled Friday that the controversial Deferred Action for Childhood Arrivals program, known as DACA, was illegal but stopped short of allowing a nationwide injunction issued by a federal judge in Texas to go into effect. The three-judge panel of the Fifth Circuit ruling on the case restricted the scope of the injunction to Texas to allow further appeals.

DACA is, in my opinion, the toughest part of the illegal immigration catastrophe facing the United States to solve. DACA enrollees arrived in the United States as very young children when their parents or guardians illegally immigrated. They are culturally American and frequently can't speak the language of their home country and have no family or social ties to it. There are an estimated 580,000 DACA enrollees. //

DACA started out as a 2012 memorandum signed by Obama DHS Secretary Janet Napolitano. It was never an executive order. It never went through the rule-making process required by the Administrative Procedure Act. It has never been enacted into law by Congress. Ordinarily, any memo by a cabinet secretary ceases to have validity when they leave office, not so with DACA. When President Trump’s DHS secretary rescinded the DACA memo based on the advice of the Attorney General of the United States, the Supreme Court held, in a 5-4 vote (guess how the Chief Justice voted), that the Trump administration was required to follow the Administrative Procedure Act to withdraw a memo that was never subjected to that act, ... //

The case is headed back to the Supreme Court, minus the rather stupid issue of whether a single memo by a cabinet secretary can masquerade as the law of the land.