There are differing opinions about the Deferred Action for Childhood Arrivals or DACA – some claim it’s unconstitutional, while others beg to differ and argue that the program is not only constitutional, but is also based on commonplace practices. It is worthy to note that the Federal Court ruled in 2013 that DACA is likely unconstitutional. Dan Stein, President of the Federation for American Immigration Reform (FAIR) stated before that, “Irrespective of how many members of Congress might feel about the president’s objective of allowing illegal aliens remain in the U.S., they, like the presidents, are sworn to uphold the Constitution.
In the Court’s judgment, DACA clearly preempts the Legislative Branch’s exclusive authority to determine our immigration laws and it must be terminated.” However, it should also be noted that the Supreme Court has yet to rule on its constitutionality, so there is no exact answer why DACA is deemed to be unconstitutional and calling it such is still presumptive.
