Federal judge declares Obama’s ‘Dreamers’ program illegal.
Obama ‘Dreamers’ Program Declared Illegal by Federal Judge
A federal judge has ruled that the Deferred Action for Childhood Arrivals (DACA) program, which protects the children of illegal immigrants from deportation, is illegal.
Created by President Barack Obama in 2012, DACA currently shields around 580,000 individuals known as “Dreamers,” according to CBS.
Judge Andrew Hanen of the Southern District of Texas issued the ruling, stating that there were no “material differences” between the Obama-era policy and the Biden administration’s attempt to preserve DACA as a regulation.
“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time. The solution for these deficiencies lies with the legislature, not the executive or judicial branches,” Hanen wrote.
This is not the first time that DACA and Hanen have crossed paths. In 2021, Hanen, an appointee of former President George W. Bush, ruled that the program violated the federal Administrative Procedures Act, as reported by the Associated Press.
Following that ruling, the Biden administration attempted to make adjustments to the program, but multiple states filed lawsuits, leading to the recent ruling.
“The Court, as it did before, hereby stays the effective date of the vacatur as to all DACA recipients who received their initial DACA status prior to July 16, 2021. The defendants may continue to administer the program as to those individuals, and that administration may include processing and granting DACA renewal applications for those individuals,” Hanen wrote.
It is expected that there will be an appeal to the ruling, and the case may eventually reach the Supreme Court.
As noted by AP, the DACA program has a complex court history. In 2016, the Supreme Court had a tied vote on an expanded version of the program, and a lower court had ruled a similar program for parents as illegal. In 2020, the Supreme Court rejected the Trump administration’s plan to end DACA, citing improper actions by the administration.
In 2022, the 5th U.S. Circuit Court of Appeals upheld Hanen’s 2021 ruling against DACA but sent the case back for review due to changes made by the Biden administration.
Source: The Western Journal
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