A revised version of the federal policy known as the Deferred Action for Childhood Arrivals (DACA) program has once again been deemed illegal by a federal judge.
DACA, which prevents the deportation of thousands of immigrants brought to the United States as children, has been deemed illegal by U.S. District Judge Andrew Hanen – the same federal judge who gave the initial ruling back in July 2021.
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Texas judge who previously deemed DACA illegal reaffirms ruling https://t.co/y6ZXog2PyL
— Fox News (@FoxNews) September 14, 2023
Judge Hanen agreed with nine states aiming to end the DACA program but did not, however, grant another request to order a complete termination of DACA over two years. In 2021, Hanen allowed existing DACA beneficiaries to continue renewing their two-year work permits and deportation protections, despite closing the program to new applicants.
“That program is vacated, and the Department of Homeland Security (DHS) is enjoined from implementing Final Rule DACA until a further order of the Court, the Fifth Circuit Court of Appeals, or the Supreme Court of the United States,” Hanen wrote in his 40-page ruling.
“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,” Hanen added. “The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation … The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void.”
Created in 2012 by former President Obama and his administration, the DACA Memorandum prohibited the U.S. and its departments, agencies, officers, agents and employees from granting new DACA applications and administering the program.
In 2016, the Supreme Court voted 4-4 to expand DACA and a version of the program for parents of DACA recipients. Then in 2020, the court ruled 5-4 that the Trump administration improperly ended DACA, allowing the program to remain in place.
According to PBS, President Biden and advocacy groups called on Congress to pass permanent protections for “dreamers” – something Congress has yet to accomplish.
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