Title: Federal Judge Rules Revised DACA Program Illegal, Ushering the Case to Supreme Court
A federal judge has declared the revised version of the Deferred Action for Childhood Arrivals (DACA) program illegal, putting the fate of hundreds of thousands of immigrants brought to the U.S. as children under scrutiny. U.S. District Judge Andrew Hanen concurred with Texas and eight other states who took legal action to halt the DACA program. The judge’s ruling is expected to be appealed to the U.S. Supreme Court, marking the third time the program will face the high court.
In his ruling, Hanen has barred the government from approving new applications but has allowed the program to remain intact for existing recipients during the appeal process. Importantly, the order does not require the federal government to take any immediate action against DACA recipients.
The states involved argue that the Obama administration circumvented Congress when it first established the program in 2012, claiming that it lacked the necessary authority. This is not the first time Hanen has ruled against DACA, previously declaring it illegal in 2021 due to the lack of public notice and comment periods.
In an attempt to address Hanen’s concerns, the Biden administration introduced a revised version of DACA in October 2022, which underwent a formal rule-making process and included public comments. Despite these efforts, Hanen, who was appointed by former President George W. Bush, determined that the updated version of DACA remained illegal. He had previously emphasized that only Congress could implement legislation to protect individuals under the program, often referred to as Dreamers.
Additionally, Hanen had previously ruled that the states had standing to file the lawsuit as they incurred substantial costs in healthcare, education, and other areas due to immigrants remaining in the country without legal status. The states involved in the lawsuit are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.
Supporters of DACA, including the federal government, the Mexican American Legal Defense and Educational Fund, and the state of New Jersey, argued that the states failed to provide evidence linking their alleged costs to DACA recipients. They also emphasized that Congress had entrusted the Department of Homeland Security with the authority to establish immigration enforcement policies.
Despite previous rulings against DACA, Hanen had allowed the program to continue for those already benefiting from it while barring new applicants during the appeals process. As of March, there were approximately 578,680 individuals enrolled in the DACA program, according to U.S. Citizenship and Immigration Services.
The DACA program has faced numerous legal challenges over the years. In 2016, the Supreme Court reached a deadlock over an expanded DACA and a program intended for parents of DACA recipients. In 2020, the high court ruled that the Trump administration’s attempt to terminate DACA was improper, allowing the program to remain in place.
President Joe Biden and advocacy groups have called on Congress to pass permanent protections for Dreamers. However, Congress has failed on multiple occasions to pass proposals such as the DREAM Act to safeguard DACA recipients.
The latest ruling by Judge Hanen adds a new layer of uncertainty to the future of the DACA program. As the case heads to the Supreme Court once again, the fate of hundreds of thousands of Dreamers hangs in the balance, awaiting a final decision that will shape their lives and the future of immigration policy in the United States.
