DACA Program Ruled Unlawful by Federal Judge Again.
A Federal Judge Declares Revised DACA Program Illegal
A federal judge in Texas, U.S. District Judge Andrew Hanen, made a significant ruling on Wednesday, declaring the revised version of the Deferred Action for Childhood Arrivals (DACA) program illegal. This ruling reiterates that the Obama-era federal policy is unlawful and should have originated from Congress. DACA provides a two-year renewable shield from deportation for hundreds of thousands of illegal immigrants brought to the United States as children.
“The remaining provisions of the original injunction are to remain in place and are to be applicable to Final Rule DACA,” Judge Hanen wrote.
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The ruling blocks the federal government from accepting new DACA applications but maintains the program for existing recipients during the appeals process. However, it does not require immediate action against current DACA beneficiaries.
Texas and eight other states have actively opposed DACA, arguing that the Obama administration exceeded its authority by creating the program in 2012 without Congress’s involvement. They also claim that President Joe Biden overstepped his authority by renewing it in 2022, bypassing Congress.
The nine Republican-led states have requested the court to phase out the program over two years, asserting that the Biden administration’s revised version is “substantively unlawful” for the same reasons as the original DACA Memorandum.
“The Court should declare it unlawful and unconstitutional, vacate it in its entirety, and permanently enjoin its implementation (with a prudent transition for existing DACA recipients),” their lawsuit stated.
Approximately 800,000 individuals are believed to be recipients of DACA, with two-thirds of them aged between 21 to 30. These individuals have lived and worked in the United States for most of their lives after illegally entering as young children.
The plaintiff states in the case also argue that they bear substantial costs, including hundreds of millions of dollars for healthcare and education, when immigrants are allowed to remain in the country without legal status.
In 2021, Judge Hanen, an appointee of President George W. Bush, declared the program illegal due to its lack of compliance with required public notice and comment periods. This decision was upheld by the Fifth Circuit Court of Appeals in 2022.
In an attempt to address the judge’s concerns, President Biden announced the renewal of the DACA program in August 2022, making it a federal regulation. It came into effect in October, subject to public comments in a formal rule-making process, replacing former President Barack Obama’s 2012 memo that initially established DACA.
At the time, Secretary of Homeland Security Alejandro Mayorkas expressed the administration’s commitment to preserving and fortifying DACA, stating that the United States has been enriched by the young people on the program, commonly referred to as “Dreamers,” who have known no country other than the United States as their own.
However, the plaintiff states argued that President Biden exceeded his constitutional authority by renewing DACA without congressional approval. Judge Hanen agreed with this argument.
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