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DACA Declared Unlawful by Federal Judge



Clear Facts:

  • A Texas federal judge, Judge Andrew Hanen, has ruled DACA, the program protecting undocumented young immigrants, as unlawful.
  • Despite acknowledging DACA’s benefits to its beneficiaries and the U.S., Judge Hanen emphasized that the DHS didn’t satisfactorily address concerns related to the Immigration and Nationality Act.
  • The White House, while expressing disappointment with the judgment, remains committed to standing by DACA and its recipients.

A landmark decision has emerged from Texas as a federal judge declared the Deferred Action for Childhood Arrivals program (DACA) unlawful. The program, which offers protection to undocumented immigrants brought to the U.S. as minors, has faced scrutiny and legal battles for years.

With approximately 600,000 “Dreamers” residing in the U.S., the significance of this judgment cannot be overstated.

Judge Andrew Hanen concurred with Texas and eight additional states in asserting the unlawfulness of DACA. Their contention: the policy infringes upon the Administrative Procedure Act, which delineates the working procedures of government agencies. However, the effects of Judge Hanen’s verdict won’t be felt immediately by present DACA recipients.

Emphasizing the intent behind his ruling, Judge Hanen clarified, “To be clear, neither this order nor the accompanying supplemental injunction requires the (Department of Homeland Security) or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that would otherwise not be taken.”

The court’s concerns with DACA aren’t new. Previously, the Fifth Circuit Court of Appeals aired its reservations about DACA, pinpointing inconsistencies with the Immigration and Nationality Act. Judge Hanen took note of these concerns in his recent judgment.

Although recognizing the benefits DACA brings to its recipients and the nation at large, Hanen observed that the Department of Homeland Security (DHS) didn’t adequately address the issues previously highlighted by both his court and the Fifth Circuit.

In the wake of this decision, the Biden administration continues its campaign for the permanency of “Dreamers” protections. Responding to the ruling, the White House expressed its profound disappointment but remained resolute in its commitment to defending DACA.

We want to know what you think! Share your thoughts in the comments below.




  1. shempus

    September 26, 2023 at 2:19 pm


  2. Chris C Owen

    October 1, 2023 at 4:55 am

    The ruler of America can not create a law when Congress and the Senate decide the law should not exist in the first place. POTUS according to the rule of law is prevented from sidestepping the constitutional process and unilaterally creating laws. That would be a dictatorship move. Digital currency is another such move to eliminate coin and paper in favor of a digital currency that can be controlled exclusively by the government, making physical currency invalid. Government has what that WE THE PEOPLE give it not what powers that the government takes and gives itself. There has not been a public vote to change immigration or to invalidate physical currency and replace it with a digital currency. WE THE PEOPLE should have the voice to say what WE want or do not want not the agenda-driven government or its officials.

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