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.

This Administration is committed to protecting all the Dreamers who enrich our communities and our country. We continue to call on Congress to provide permanent protection to the hundreds of thousands of Dreamers.

A statement from @PressSec on District Court’s Ruling on DACA: pic.twitter.com/FhLOSnoMXB— The White House (@WhiteHouse) September 14, 2023

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