DACA Program Deemed Illegal by Federal Judge.
OAN’s Stephanie Stahl
5:08 PM – Thursday, September 14, 2023
A federal judge in Texas has once again declared the Deferred Action for Childhood Arrivals program (DACA) to be unlawful, marking the second such ruling.
There are an estimated 600,000 individuals, known as “Dreamers,” who currently reside in the United States.
Last year, the Biden administration worked to keep the DACA program intact – which protects undocumented immigrants who were brought to the U.S. as children – and released a rule to codify the policy into a federal regulation.
On Wednesday, Judge Andrew Hanen agreed with Texas and eight other states that DACA is unlawful and argued that the rule violated the Administrative Procedure Act, which governs the processes of government agencies.
However, Judge Hanen’s ruling does not have any immediate impact on current DACA recipients.
“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,” Judge Hanen wrote.
Last year, the Fifth Circuit Court of Appeals noted concerns with DACA before sending the case back to Judge Hanen. They found that the policy was inconsistent with the immigration procedures outlined in the Immigration and Nationality Act.
Judge Hanen took this into consideration in his ruling on Wednesday, highlighting that despite DACA’s advantages for both beneficiaries and the United States, the Department of Homeland Security (DHS) failed to address the issues identified by his court and the Fifth Circuit.
Hanen’s ruling comes after a federal appeals court upheld his previous ruling that found DACA to be unlawful. That ruling prevented the government from granting new applications for the program but allowed it to continue for current enrollees while the case was litigated.
President Joe Biden and immigrant advocates have repeatedly called on Congress to pass permanent protections for “Dreamers.”
The White House also posted a statement late on Wednesday saying that it was “deeply disappointed” in the ruling and pledged to continue defending DACA.
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How does the recent ruling by Judge Andrew Hanen declaring the DACA program unlawful impact the ongoing efforts to provide permanent protection to Dreamers?
Title: Federal Judge in Texas Declares DACA Program Unlawful for the Second Time
Introduction:
A federal judge in Texas has once again declared the Deferred Action for Childhood Arrivals program (DACA) to be unlawful, marking the second such ruling. This decision has reignited the debate on immigration policy in the United States. DACA, which protects undocumented immigrants brought to the country as children, has been a hotly contested issue for several years. In this article, we will discuss the recent ruling, its implications, and the ongoing efforts to provide permanent protection to Dreamers.
Background:
There are approximately 600,000 individuals, often referred to as “Dreamers,” currently residing in the United States. Last year, the Biden administration worked to preserve the DACA program and released a rule to codify it into a federal regulation. However, on Wednesday, Judge Andrew Hanen agreed with Texas and eight other states that DACA is unlawful, arguing that the rule violated the Administrative Procedure Act.
Immediate Impact on DACA Recipients:
It is important to note that Judge Hanen’s ruling does not have any immediate impact on current DACA recipients. In his order, Judge Hanen explicitly stated that neither the Department of Homeland Security nor the Department of Justice is required to take any immigration, deportation, or criminal action against DACA recipients, applicants, or any other individuals.
Previous Concerns and Considerations:
Last year, the Fifth Circuit Court of Appeals raised concerns about DACA’s inconsistencies with immigration procedures outlined in the Immigration and Nationality Act. They referred the case back to Judge Hanen, who took these concerns into consideration in his recent ruling. Despite acknowledging the benefits of DACA for beneficiaries and the United States, Judge Hanen maintained that the Department of Homeland Security failed to address the issues previously identified by his court and the Fifth Circuit.
Continued Advocacy for “Dreamers”:
President Joe Biden and immigrant advocates have consistently called on Congress to pass permanent protections for Dreamers. The White House expressed deep disappointment with the recent ruling and pledged to continue defending DACA. They assert that the administration remains committed to protecting Dreamers and encouraging Congress to take action for the hundreds of thousands of affected individuals.
Conclusion:
The recent ruling by Judge Andrew Hanen declaring the DACA program unlawful has once again cast a spotlight on the uncertain future of Dreamers in the United States. While the ruling does not have immediate consequences for current beneficiaries, it underscores the ongoing need for a permanent solution to protect this vulnerable group. Immigrant advocates, alongside the Biden administration, continue to push for Congressional action to provide lasting protections for Dreamers, emphasizing the contributions they make to communities and the country as a whole. As the debate ensues, the fate of DACA and its beneficiaries remains uncertain, highlighting the urgency for a comprehensive and sustainable immigration policy in the United States.
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