On Wednesday, a federal judge in Texas again decided that the Deferred Action for Childhood Arrivals(DACA) program of the federal government is unlawful, but he chose not to take any action to end the protections provided to the hundreds of thousands of young immigrants who are covered by DACA.
Around 600,000 young adults, sometimes known as “Dreamers,” who were brought to the United States illegally as children are currently covered by the program, which was launched in 2012 under the Obama administration.
For the past 11 years, those individuals have been given work permits and deportation protection under the program.
Judge Andrew Hanen of the U.S. District Court, who made the most recent decision, had earlier deemed DACA to be illegal in 2021, which sparked a drawn-out appeals process.
The Court, as it did previously, hereby delays the vacatur’s start date for all DACA participants who got their initial status before July 16, 2021. The defendants may continue to manage the program with respect to those people, and part of that management may involve handling and approving DACA renewal applications for those people, Hanen wrote on Wednesday.
His decision maintains the status quo that DACA has endured for the past two years: Current recipients can request to have their protections renewed, but new applicants are not permitted to apply.
Due to the Biden administration’s efforts to codify the policy in administrative law, which was the foundation for Hanen’s initial ruling, an appellate court had ordered Hanen to evaluate the program again in 2022.
President Barack Obama’s Department of Homeland Security introduced the program for the first time in 2012, and ever then, it has been the focus of nearly continual legal disputes and political lobbying.
His decision maintains the status quo that DACA has endured for the past two years: Current recipients can request to have their protections renewed, but new applicants are not permitted to apply.
Due to the Biden administration’s efforts to codify the policy in administrative law, which was the foundation for Hanen’s initial ruling, an appellate court had ordered Hanen to evaluate the program again in 2022.
President Barack Obama’s Department of Homeland Security introduced the program for the first time in 2012, and ever then, it has been the focus of nearly continual legal disputes and political lobbying.
In 2021, Hanen had taken the nine states’ side, recognizing “the hardship that the continued operation of DACA has inflicted on them.”
In a statement following Hanen’s judgement in 2021, Texas Attorney General Ken Paxton claimed that “the court clearly saw that this program is against the law through and through.” “The subject of this action was the rule of law, not the justification for any immigration policy. The district court noted that the president is not free to ignore validly enacted laws as he sees fit because only Congress has the ability to make immigration laws.
Attorneys for DACA beneficiaries, however, have contended that the states did not provide sufficient evidence of harm and did not take into account the economic contributions that hundreds of thousands of “Dreamers” have made as a result of being permitted to own homes, work, and integrate into society.
The program, according to the immigration attorneys, is an example of executive discretion that any president can exercise, consistent with previous administrations.
In 2017, Attorney General Jeff Sessions, who was serving under President Donald Trump, attempted to end DACA by claiming that the program was illegal. But in 2020, the U.S. Supreme Court determined that the Trump administration had mishandled the program’s termination.
Esther Jeon, 28, was first transported to the United States from Korea when she was 3 years old. Since she was a senior in high school, she has been given protection through DACA.
“The loss of DACA would not just mean the loss of work authorization and protection from deportation, but would be the loss of these values we should hold as a county,” Jeon told ABC News. “Remembering that there are still 10 million or more other undocumented people who have never had DACA and have managed to be resilient and continue to live in the United States has helped me,” the author says.
In late May, attorneys for MALDEF, one of the co-litigants in the case who represents DACA recipients like Jeon, told reporters that they anticipate an appeal of Hanen’s decision and the possibility of the Supreme Court taking up the matter for review.
Alejandro N. Mayorkas, the secretary of homeland security, commented on the judgment in a statement after it was made public. He said he was “deeply disappointed by the ruling” and that he was “uniquely qualified to say that DHS believes DACA is lawful and constitutional.”
“The ruling preserves the stay, meaning current DACA recipients will not lose their protection from removal,” he stated. However, this decision jeopardizes the safety and stability of more than 500,000 Dreamers who have made valuable contributions to our communities. They have only ever known life in the United States as their home. As a result of Congress’ inaction, Dreamers now face an uncertain future while they wait to obtain the deserving permanent protection.
“In accordance with the decision, USCIS will continue to handle DACA renewal applications, and DHS will keep advocating for DACA applicants every day, in court and through our deeds. We are prepared to collaborate with Congress to find a long-lasting solution for our Dreamers, he said in his statement.
Also releasing a statement, White House Press Secretary Karine Jean-Pierre noted that the White House was “deeply disappointed.”
“As we have long maintained, we disagree with the District Court’s finding that DACA is unlawful, and we will continue to defend this important policy from legal challenges,” the statement added. DHS will continue to handle renewals for current DACA participants while we comply with the court’s decision, and DHS may continue to accept DACA applications.
The statement added, “We continue to call on Congress to offer permanent protection to the hundreds of thousands of Dreamers in the United States. We are dedicated to protecting all the Dreamers who have throughout their life enhanced our communities and our country.
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