Judge deems Obama’s DACA program unlawful.

Setback⁢ for “Dreamers” as ⁢Judge ​Rules Against ⁢DACA Program

A U.S. judge on Wednesday ruled against a program offering deportation relief and work permits to immigrants⁤ brought to the country illegally ‌as children, known as​ “Dreamers,” despite an attempt by President Joe Biden’s administration to bolster the program’s standing with a new regulation.

The decision by Texas-based U.S. District Court Judge Andrew Hanen deals ⁣a ⁢fresh setback⁣ to the program, called Deferred Action⁤ for Childhood Arrivals (DACA), and its ‌579,000 enrollees​ and other immigrants who might have hoped to be approved.

Hanen, a Republican-appointed judge, found that‌ a regulation issued last​ year by Biden’s ⁣administration did ⁤not remedy legal deficiencies that led him to​ find DACA unlawful in 2021 and‍ block ⁢any expansion of the program, which has been⁤ in place for more than ‍a decade.

The U.S.‍ Department ‍of Homeland ⁢Security can⁢ continue to renew the status of those enrolled in DACA prior to Hanen’s 2021 ruling, he‍ said. Many DACA recipients‍ speak English and have ​jobs, homes, and families in the United States.

Hanen wrote that the order ⁣did not require U.S. immigration ⁤authorities “to take any immigration, deportation, or criminal action against any DACA ⁢recipient,‌ applicant, ​or any other individual ⁤that would otherwise not be taken.”

The ⁤ruling, which came in response ⁢to⁤ a lawsuit brought by Texas and other states, is expected to be appealed.

“As we have long maintained, we disagree with ‌the District Court’s ⁤conclusion that⁢ DACA is unlawful, and will continue to defend ⁢this critical ⁤policy‍ from legal challenges,” White House spokeswoman Karine ⁤Jean-Pierre said in a written statement released on Wednesday night. “While we do so, consistent with the court’s order, DHS will continue to⁢ process renewals for current DACA ‌ recipients and DHS ⁣may continue to accept⁤ DACA applications.”

“The ‌ruling preserves the stay, which ‍means current DACA recipients will ⁤not lose their protection from removal,” Alejandro‍ Mayorkas, secretary of the U.S. Department of Homeland ‍Security, said in a separate statement. “But‍ this ruling does undermine the security and stability of more than half ​a ⁣million Dreamers who have contributed to our communities.”

The‌ office of Texas Republican Governor Greg Abbott did‌ not ⁣immediately respond to a request‌ for comment.

Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund (MALDEF), which represents DACA recipients siding with the⁢ Biden administration in the litigation, called ​Hanen’s ruling “more of the same‌ flawed analysis.”

Biden, a Democrat who is seeking re-election in 2024, has made it a priority ⁤to defend DACA, which was created in 2012 under former President Barack⁣ Obama when ‌Biden ⁤was vice president.‍ Texas ​and eight other states⁣ with Republican attorneys ‍general argued⁢ that the program violates federal regulatory law and saddles them with education, healthcare, and law enforcement costs.

In October 2022, ⁣the conservative-leaning 5th U.S. Circuit Court of Appeals affirmed⁢ Hanen’s‍ ruling against DACA, but sent⁣ the case‍ back to him for reconsideration⁣ in light of Biden’s ​regulation formalizing the program.

Former President Donald⁣ Trump, a ⁤Republican seeking ⁣re-election in 2024, sought ⁢to end DACA but ‍was rebuffed by the U.S. Supreme Court, which found Trump’s attempt at​ termination did⁢ not comply with regulatory laws.

Some 81 percent of DACA enrollees are from Mexico, followed by El ⁤Salvador, Guatemala, and Honduras, according⁣ to U.S.‍ Citizenship and Immigration ⁢Services data. About 164,000 live in California,​ which supports ⁢the legal efforts to‍ defend the DACA program, while Texas⁣ is ‍home to 95,000.

(Reporting by Ted ⁤Hesson in Washington; Additional reporting‍ by ‍Dan ⁤Whitcomb in Los Angeles; editing by Daniel Wallis and Christopher ‌Cushing)