A federal judge has once again declared the DACA program illegal. The program protects immigrants who were brought to the United States as children from deportation. Although this ruling has been issued, it does not mean that the program or the protections it provides to its beneficiaries will end immediately.
U.S. District Judge Andrew Hanen sided with Texas and eight other states that filed a lawsuit seeking to end the program known as Deferred Action for Childhood Arrivals (DACA). The decision will likely be appealed to the U.S. Supreme Court, which would bring DACA’s fate before the nation’s highest court for the third time.
In his 40-page ruling, Hanen expressed concerns about the legality of the program and argued that solutions to these issues should come from the legislative branch rather than the executive or judicial branches. The judge noted that Congress has not passed legislation similar to DACA for various reasons and that the executive branch cannot fill that gap by usurping the authority granted to Congress by the Constitution.
Hanen’s order maintained the prohibition on approving new DACA applications but left the program in place for current beneficiaries while the ongoing legal review proceeds. He also rejected the states’ request to end the program within two years and stated that his order did not require the federal government to take any immediate action against DACA beneficiaries, commonly known as “Dreamers.”
Thomas Sáenz, president and general counsel of the Mexican American Legal Defense and Educational Fund (MALDEF), which represents DACA beneficiaries in the lawsuit, stated that it will be up to the higher courts, including the Supreme Court, to determine whether the program is legal and whether Texas was able to demonstrate that it was harmed by the program. Sáenz expressed his disagreement with Judge Hanen’s ruling.
The Biden administration criticized the judge’s decision and reaffirmed its commitment to defending DACA amid the ongoing legal challenges. The Department of Homeland Security (DHS) will continue processing renewals for current beneficiaries and accepting DACA applications as permitted by the court order.
Neither the Texas Attorney General’s Office, which represented the states in the lawsuit, nor the U.S. Department of Justice, which defended the federal government, has yet publicly commented on the decision.
The states argued that the Obama administration lacked the authority to create DACA in 2012 because it bypassed Congress when implementing the program. Hanen had previously ruled in 2021 that the program was illegal and had not followed the administrative procedures required under federal law.
Despite efforts by the Biden administration to address Judge Hanen’s concerns with an updated version of DACA in 2022, its legality was challenged again and deemed essentially the same as the earlier version established during the Obama administration. Hanen had previously held that DACA was unconstitutional.
The DACA program has faced numerous legal challenges over the years, with repeated changes and disputes over its legality. Uncertainty remains about its future, as the Supreme Court could ultimately be called upon to determine the program’s fate.
As of March, 578,680 people were enrolled in DACA, according to U.S. Citizenship and Immigration Services.
Despite the legal obstacles, President Joe Biden and DACA advocates have urged Congress to provide permanent protections for “Dreamers,” but Congress has yet to approve such legislation. The debate over the future of DACA continues, and advocacy groups remain committed to pursuing permanent solutions for immigrants affected by the program.
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