Title: Federal Court Ruling Propels DACA Program One Step Closer to Supreme Court
Subtitle: Advocates and Legal Experts Warn of Potential Illegal Program Ruling
Date: [Insert Date]
A recent ruling by U.S. District Judge Andrew Hanen has amplified concerns among advocates and legal experts that the Deferred Action for Childhood Arrivals (DACA) program is inching closer to a potential illegal ruling. For over a decade, DACA has granted work permits and deportation relief to more than 580,000 undocumented immigrants who arrived in the U.S. as children.
The decision by Hanen, a George W. Bush appointee, comes as a blow to the Department of Homeland Security (DHS) and the Biden administration, which had hoped to protect and defend the program against legal action. Hanen, who has previously ruled against earlier versions of DACA, concluded that the program, despite going through an extensive notice-and-comment process, has not made sufficient changes to address the substantive problems found by the court.
In response to the ruling, DHS Secretary Alejandro Mayorkas expressed deep disappointment, emphasizing that current DACA recipients would not lose their protection from removal under the stay. However, Mayorkas warned that the ruling jeopardizes the security and stability of more than half a million Dreamers, who have made significant contributions to their communities. He criticized Congress for failing to take action and called for permanent protections for Dreamers.
White House press secretary Karine Jean-Pierre echoed Mayorkas’s sentiments and criticized the ruling. Jean-Pierre highlighted President Joe Biden’s efforts to safeguard the program and called on Congress to provide permanent protection for Dreamers.
Hanen asserted that the Biden administration’s DACA rule infringes on Congress’ power, just as the initial plan introduced by President Barack Obama did in 2012. Despite suggestions from the Biden administration to eliminate work permits for most DACA recipients, Hanen rejected the proposal.
While Hanen’s ruling raises concerns about potential deportations, the judge emphasized that his decision does not order the detention or removal of anyone, as those decisions remain in the hands of DHS officials.
DACA initially faced no legal challenges when established by Obama, but Hanen blocked the program’s expansion in 2015. The Supreme Court deadlocked on the issue in 2016, leaving the original program intact but preventing its expansion. President Donald Trump sought to revoke DACA entirely, but legal challenges kept the program in place. In 2020, the Supreme Court ruled that the effort by Trump officials to dismantle DACA was legally flawed.
The Biden administration attempted to solidify the program’s foundation by proposing formal regulations in 2021 and seeking public comment on the rules. However, red states continued to challenge the initial DACA program, prompting Hanen’s ruling that it was illegal. Renewals for existing DACA recipients have been allowed, but the program has been closed to new applicants since 2021.
As DACA recipients continue to live in legal limbo, immigration advocates call on Congress to take action and provide permanent residency for Dreamers. The Biden administration is expected to appeal Hanen’s ruling, which will be reviewed by the 5th U.S. Circuit Court of Appeals.