On Wednesday, U.S. District Court Judge Andrew Hanen of the Southern District of Texas once again declared the Deferred Action for Childhood Arrivals (DACA) program unlawful. This ruling comes as a blow to the Biden administration, which had sought to preserve and codify the program into a federal regulation. DACA has been crucial in shielding hundreds of thousands of young individuals from deportation.
Judge Hanen, who had previously ruled against DACA, maintained that the recent efforts by the Biden administration to safeguard the Obama-era program were illegal. He declared that, while the program could continue for current recipients, new applicants would remain barred from applying.
“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,” … “The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void.”
Judge Andrew Halen of the Southern District of Texas
The Biden administration responded to the ruling with deep disappointment. White House Press Secretary Karine Jean-Pierre reiterated the administration’s belief in DACA’s legality and vowed to defend the program against legal challenges.
Judge Hanen’s previous ruling had established that the states had grounds to file their lawsuit, asserting that they had incurred substantial costs due to immigrants remaining in the country unlawfully. States involved in the lawsuit included Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.
Those supporting DACA, including the federal government, the Mexican-American Legal Defense and Educational Fund, and New Jersey, argued that the states had not presented sufficient evidence linking their alleged costs to DACA recipients. They also contended that Congress had granted the Department of Homeland Security the legal authority to set immigration enforcement policies.
Over the years, the DACA program has faced a series of legal challenges. In 2016, the Supreme Court reached a deadlock over an expanded DACA and a version of the program for parents of DACA recipients. In 2020, the Supreme Court ruled that the Trump administration had improperly terminated DACA, allowing it to continue.
Since its inception 11 years ago, the DACA program has benefited over 800,000 young people, with approximately 600,000 individuals currently enrolled. DACA beneficiaries are generally individuals who were brought to the United States as children and lack lawful status due to either entering the country without proper documentation or overstaying their visas.
