The future and viability of Deferred Action for Childhood Arrivals (DACA) is about to be defined in the U.S. Supreme Court after years of debate in Congress and the Senate.

The program implemented in 2012 through an Executive Order of then-President Barack Obama allowed hundreds of thousands of immigrants who entered the United States illegally as children to remain in the country and to study and work.

However, the reality is that Obama did not have the power to unilaterally regulate this matter without congressional approval, and this is something he knew when he enacted and implemented the law.

Based on this, President Donald Trump suspended the DACA program in 2017 ending an administrative amnesty that was unconstitutionally approved and has now reached the U.S. Supreme Court.

  1. Obama knew DACA was unconstitutional

In 2010 when Democrats pressured Obama to unilaterally regulate immigration, the former president responded:

“I am not king. I can’t do these things just by myself,” he said according to the Heritage Foundation.

In May 2011 Obama again explained that he had no power to legislate on immigration:

“Immigrant advocates would like me to just bypass Congress and change the (immigration) law myself. … That’s not how a democracy works,” Obama said, according to the Heritage Foundation.  

However, in 2012 he did so, promising illegal immigrants under the age of 30 that they would not be deported and that they would have work permits, access to Social Security, and other government benefits.

And he did so knowing that a president cannot implement immigration laws without congressional approval. In fact, Congress specifically rejected bills to provide such benefits.

         2. Democrats reject agreement to protect ‘dreamers’ by law

President Trump offered to protect the ‘dreamers’ from deportation through the law in exchange for their support for the border wall construction project.

However, the Democrats rejected the agreement, leaving the ‘dreamers’ unprotected just for not making it easier for President Trump to fulfill one of his key campaign promises.

And it should be noted that this is a project that they had endorsed in 2006 during the presidency of Republican President George W. Bush.

The Secure Fence Act, passed in 2006 under President Bush with the support of then-Sen. Barack Obama and Hillary Clinton among other Democrats, provided for the construction of 700 miles of fences and improved surveillance technology, such as unmanned drones, ground sensors, satellites, radar coverage, and cameras, according to USA Today.

       3. Tens of thousands of ‘dreamers’ are criminals

The DACA program provided benefits and protection to thousands of illegal aliens with criminal records, according to the U.S. Center for Immigration Studies (USCIS).

According to USCIS data, 54,000 of these immigrants already had criminal records when they applied for admission to the program, of whom 17,000 had been arrested more than once on criminal charges, and 8,000 were rearrested after receiving benefits from the program.

At this time the future of DACA will be decided in the Supreme Court, although President Trump has anticipated that if the high court rules in favor of suspending the DACA program he will offer the Democrats an agreement to allow the more than 300,000 ‘dreamers’ currently in the country to stay, according to OAN.