Judge declares DACA illegal, rejects Biden administration’s attempt to bypass Congress.
Federal Judge Rules Against DACA Program, Deems it Unconstitutional
A federal judge in Texas made a significant ruling on Wednesday, declaring the Deferred Action for Childhood Arrivals (DACA) program unconstitutional. This program protects individuals who were brought illegally into the U.S. as children from deportation.
In his 40-page opinion for the Southern District of Texas, federal Judge Andrew Hanen emphasized that the executive branch cannot “usurp” congressional authority. Over half a million illegal immigrants have been shielded from deportation under this Obama-era rule, which was later adopted and amended by the Biden administration.
According to Hanen, the responsibility to address the deficiencies of the DACA program lies with the legislature, not the executive or judicial branches. He wrote, “Congress, for any number of reasons, decided not to pass DACA-like legislation.”
“Congress’ alleged failure to pass, or, stated differently, its decision not to enact legislation, does not empower the Executive Branch to ‘legislate’ on its own — especially when that ’legislation’ is contrary to actual existing legislation. The Executive Branch cannot usurp the power bestowed on Congress — even to fill a void,” the judge added.
This ruling came after nine states, including Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi, filed a lawsuit to stop DACA, arguing that it was unlawfully implemented by both the Obama and Biden administrations. Texas Attorney General Ken Paxton stated that the Biden administration was attempting to implement ”mass amnesty” through executive authority.
The fate of DACA will likely be determined by the Supreme Court, which previously ruled 5-4 in 2020 that the Trump administration could not end the program.
The Biden administration expressed disappointment with the decision and plans to urge Congress to pass legislation similar to DACA. A statement from the White House emphasized their commitment to protecting Dreamers and called on Congress to provide permanent protection to these individuals.
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