A federal judge in Texas ruled on Wednesday (14) that DACA (Deferred Action for Childhood Arrivals) is illegal. The program, created by former President Barack Obama, is intended to protect undocumented immigrants brought to the United States as children.
Last year, the Biden administration took steps to preserve the program by publishing a rule to codify the policy into federal regulation.
But Judge Andrew Hanen, of the Southern District of Texas, in a lawsuit filed by Republican states, found DACA illegal, arguing that the rule violates the Administrative Procedure Act, a law that governs how agencies formulate regulations.
The judge’s decision does not affect current beneficiaries of the program. However, the government cannot accept new members.
White House Press Secretary Karine Jean-Pierre said in a statement on Wednesday night that the administration is “deeply disappointed” with the ruling.
“During this administration, hundreds of thousands of DACA beneficiaries have been able to live and work legally in our country without fear of deportation,” Jean-Pierre wrote. “As we have long stated, we disagree with the District Court’s conclusion that DACA is illegal and will continue to defend this critical policy against legal challenges.”
Secretary of Homeland Security Alejandro Mayorkas also condemned the ruling in a statement, asserting that the department will continue processing renewals for current DACA beneficiaries.
DACA, created in 2012, aimed to provide temporary relief to undocumented immigrants who were brought to the United States as children, a group often referred to as “Dreamers,” and allow them to live and work in the U.S. Many of them are now adults. There were 578,680 immigrants enrolled in DACA at the end of March, according to government data.
Immigrant advocates have long insisted that Congress provide protections for DACA beneficiaries, but these attempts have yet to yield a bipartisan compromise between Republicans and Democrats.
Polls have repeatedly shown that Americans across the political spectrum support granting legal status to ‘Dreamers.’ However, a legislative solution has never materialized, and DACA has been under attack since its inception.
Experts say it is almost certain that the government will appeal the ruling to the U.S. Court of Appeals for the Fifth Circuit, and the case will likely end up in the Supreme Court.
Source: CNN and The New York Times