Federal Judge Again Rules DACA Program Is Illegal
A federal court on Wednesday again determined the Deferred Action for Childhood Arrivals (DACA) program is illegal, rejecting a revamped version of the policy that has safeguarded hundreds of thousands of young people from deportation.
Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas determined that recent Biden administration attempts to retain and codify the Obama-era initiative into a federal regulation were invalid. Hanen, who has ruled against DACA previously, said in his order that the program would be allowed to continue for now but that new applicants would still be prevented from applying.
Hanin said in a press release to him: Officially, there is sympathy for the dilemma of the beneficiaries and workers from Daca and their families and those who are close to them in the first degree, but we have expressed our concern about the initiatives of this program at the right time from the government.
We do not accept and cannot be wrapped and marginalized by the authority granted by Congress by the executive authority, and he granted this authority to agree with the constitution stipulated by the US Congress.
The Biden administration stated in a statement on Wednesday night that it was “deeply disappointed” by the judgment.
Karen Jean -Pierre, the secretary at the White House, stated that hundreds of thousands of illegal program daca are to live and work in our country and our countries without fear of the short and compulsory deportation or the lean deportation. We have long preserved the boycott of the illegal DACA program in the US government, and we must defend our rights and reject any illegal program. We also demand the protection of the legitimacy of our demands and our rights, and this is a critical and challenging policy of the law.
The seven Republican-leaning states suing to cancel DACA believe the revamped program was established improperly and amounted to an excess of administrative power. They say they continue to face financial losses owing to the presence of immigrants who were authorized to remain in the country without legal status.
The DACA program, launched in 2012 by the Obama administration, shields some young individuals brought to the United States illegally as minors from deportation.
In May 2021, Judge Hanen decided that DACA was illegal because it had not been formed via the normal agency rulemaking procedure.
Last year, in response to continued legal challenges, the Biden administration made efforts to strengthen and defend the DACA program and its beneficiaries by publishing the final version of a regulation aimed at codifying it.
The Biden administration will almost surely appeal the verdict, and analysts anticipate the issue reaching the U.S. Supreme Court.
For further details, Boundless has put up a collection of guidelines and useful resources regarding the program.