Another blow has been dealt to the federal program that has shielded hundreds of thousands of undocumented young adults from deportation. A recent ruling found the Deferred Action for Childhood Arrivals (DACA) program created by President Barack Obama to be illegal due to his overreach of authority. This decision is likely to escalate the matter to the US Supreme Court for the third time. Although Judge Andrew Hanen did not order an immediate shutdown, he did clarify that new applications for protection under DACA would not be accepted. However, those currently benefitting from the program can still keep and renew their protections. It’s important to note that Judge Hanen’s ruling does not require the government to take any action against DACA recipients.
The program faced opposition from nine states, prompting a lawsuit aimed at halting it. In 2021, Judge Hanen had already ruled DACA illegal because it failed to meet the requirement of public comment as dictated by federal law. The Biden administration then revised the program to address this objection, but Judge Hanen remained unsatisfied. He argued that there were no significant differences between the two versions of the program. Hanen’s ruling suggests that President Obama bypassed Congress in creating the program. President Biden and immigrant advocacy groups have urged Congress to grant permanent protections, but all attempts to pass the proposed DREAM Act have been unsuccessful. It’s worth noting that DACA was initially terminated by President Donald Trump in 2017, but a Supreme Court ruling in 2020 allowed it to continue.
The rulings on DACA issued by Judge Hanen have faced criticism. Thomas Saenz, from the Mexican American Legal Defense and Educational Fund, called the recent ruling “more of the same flawed analysis.” Kica Matos, the president of the National Immigration Law Center, described the ruling as devastating, affecting hundreds of thousands of immigrant youth and their families who have already endured years of uncertainty due to politically motivated attacks on DACA. The administration is expected to appeal the decision. As of the end of March, approximately 578,680 individuals were enrolled in DACA, according to the federal Citizenship and Immigration Services. (Read more Deferred Action for Childhood Arrivals stories.)
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