We have been explaining for years that illegal aliens with DACA are still illegal aliens. Last year a federal appeals court helped us with that lesson. 

The 11th Circuit Court of Appeals ruled in March of 2019 that illegal aliens who are  DACA recipients are inadmissible, removable and do not have ‘lawful presence’ or ‘legal status.’ I wrote it up just days after the opinion was issued – with a prediction on legal action. The court’s decision on DACA illegals seems to clearly illustrate that possession of a work permit does not create lawful presence.

The appellant court’s decision hasn’t slowed the anti-enforcement Georgia Budget and Policy Institute in its relentless attempt to convince Georgia state legislators, the media and the public that the DACA amnesty started by Obama and still in place somehow confers lawful presence on DACA recipients. Here is another attempt in that direction from GBPI writer Jennifer Lee. It is important to know that access to a long list of Public Benefits depends on lawful presence. Here is a list of those Public Benefits.

It is important to know that along with a (legitimate) Social Security Number, DACA also awards a ‘work permit’ (EAD) to the covered illegal aliens. We think much of the confusion on the lawful presence status comes from the fact that state law creates a list of “Secure and Verifiable Documents” that applicants for Public Benefits can use to prove their sworn claim of eligibility. Non-citizens (aliens) must present documents that demonstrate lawful presence.

Below is a sidebar taken from the GBPI piece with the clear statement that “though the DACA program makes these young people lawfully present in the U.S…”

Image GBPI & Twitter.