Former President Barack Obama’s Deferred Action for Childhood Arrivals program has already been declared unlawful by a federal judge in Texas — a decision that is likely to be upheld later this year by the Fifth Circuit Court of Appeals. In fact, Mr. Obama admitted, on 22 occasions, that he lacked the authority to grant across-the-board protections to illegal aliens before he succumbed to pressure from his political base and created DACA in 2012.

Nevertheless, President Biden’s Department of Homeland Security just issued a 453-page final rule, further entrenching protections for an entire class of illegal aliens under claims of virtually limitless executive power and vague assertions of prosecutorial discretion and setting priorities. Moreover, DHS Secretary Alejandro Mayorkas is trying to steal the legislative power from Congress and make his own law based on his grandiose statements that DACA beneficiaries are people who he likes and admires.

The expansive DACA rule is not occurring in a vacuum. It comes at a time when the Biden administration has thrown open our border to unprecedented illegal immigration and is paroling people by the millions on the fraudulent pretext they will eventually be removed if they cannot make successful asylum claims. This is a lie. The entire immigration system has become a fraud on the American people.

We are rapidly approaching the precipice where we will cease being a constitutional republic, and instead, become a dictatorship in four-year increments. And even the four-year increments are no longer a given, as the last two transitions of presidential power have been met with mob violence on the streets of Washington and other cities.

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Once a new principle is established — like unilateral and selective debt forgiveness, or prosecutors refusing to prosecute criminals based on their self-declared goals of promoting equity — it will be expanded to other areas. At the federal, state, and local levels, constitutionally enacted laws are being routinely ignored or distorted by those in executive positions, or even by faceless bureaucrats who issue policy diktats that supersede codified statutes, simply because the regime in power has grown impatient with legislative bodies that refuse to yield to their demands. At the local level, in particular, there continues to be a massively funded effort to elect prosecutors and other officials who pledge to ignore the laws their oaths of office compel them to uphold.

Even more appalling than DHS’s regulatory efforts to grant de facto amnesty to past immigration law violators is that it comes in the context of the department’s overt efforts to sabotage border and immigration enforcement, which is directly responsible for some 4.9 million illegal border crossings since Mr. Biden has been in office. Instead of working around the clock to keep DACA in place while treating our southern border like a turnstile, the Biden administration should be fulfilling its constitutional obligation to devote resources to border security, interior enforcement, and lawful immigration programs that have been authorized by Congress.

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In the 18 months the Biden administration has been in power, we have gone from incremental usurpation of authority by the executive branch to an outright power grab. Nowhere is the phenomenon more evident than in the area of immigration policy. In just the last year, by means of three policy memos, Mr. Mayorkas effectively nullified nearly every immigration enforcement statute on the books and is in defiance of a federal court ruling ordering him to restore enforcement of our laws.

At the same time, his department’s final rule on DACA doubles down on implementing an executive policy that has no basis in law and may well be declared unconstitutional by the Supreme Court in the near future, simply because he and the president prefer it to duly enacted laws (many of which, Mr. Biden voted for during his decades in the Senate).

A nation is imperiled when its leaders affirmatively decide that its borders no longer matter and that anyone who happens to wander in is entitled to stay. A constitutional republic is imperiled when its leaders affirmatively decide that laws no longer matter and can be substituted with politically expedient policies.

In other words, at this moment, the United States is a nation and a republic very much in danger.

• Dan Stein is president of the Federation for American Immigration Reform (FAIR).




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