Federal Judge Invalidates DACA, Blocks Approval of New Applications as Case Moves Through Judiciary
How do you feel about this ruling?
What’s the story?
- A federal district judge on Friday issued an opinion invalidating the Deferred Action for Childhood Arrivals (DACA) program and halting new application approvals while the case, known as Texas v. U.S., makes its way through the courts.
What is DACA?
- DACA was created by the Dept. of Homeland Security in 2012 through an executive memorandum signed by then-President Barack Obama after several unsuccessful attempts to move immigration reform legislation through Congress.
- It addressed the legal status of unauthorized immigrants who were brought to the U.S. illegally while they were children and satisfied other eligibility criteria related to educational attainment and past criminal convictions by shielding them from deportation and extending work authorization.
What does the ruling mean?
- In a 77-page opinion, Judge Andrew Hanen of the Southern District of Texas found that DHS overstepped its authority under the Administrative Procedures Act (APA) when it created the DACA program because Congress hadn’t authorized the executive branch to provide legal amnesty to unauthorized immigrants.
- Hanen, who was appointed by George W. Bush and confirmed by the Senate on a 97-0 vote in 2002, found that “DHS violated the APA with the creation of DACA and its continued operation.” He added that “DHS may continue to accept new DACA applications and renewal DACA applications as it has been ordered to… but it is hereby enjoined from approving any new DACA applications and granting the attendant status.”
- Hanen’s opinion concluded:
“To be clear, neither this order nor the accompanying injunction requires DHS or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or other individual that it would not otherwise take.”
- In June 2020, the U.S. Supreme Court issued a decision that found the Trump administration’s decision to end DACA was not sufficiently justified under the APA as part of DHS’s rulemaking process. This case concerns whether the APA was violated with the original creation of DACA by the Obama administration, and will likely be considered on appeal by the Fifth Circuit Court of Appeals and potentially by the Supreme Court.
— Eric Revell
(Photo Credit: iStock.com / Jon Rehg)
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This judge’s invalidating of DACA means that millions of children throughout the US continue to have their lives be in limbo. The United States needs to restore DACA and add citizenship as a key part of the infrastructure budget reconciliation package.
Texas ain’t conservative when it spends Middle Class American’s hard earned tax dollars on FRIVOLOUS lawsuits against the Federal Government it’s going to loose. STOP wasting our $Money$. Act like normal people since you’ve proven not to be Christians.
People brought to this country as small children and raised in our society and educated by our school system are Americans and should be treated as such. I've known some of them, and realize that they are as much Americans as their peers who were born here. We need to end the fight to deport DACA and welcome them to our country.
Nothing much to say about this except it is terrible, period.
In the absence of Congress doing its job like pass a real immigration policy the Executive branch stepped in. Too bad the judicial branch is skirting any responsibility. How long has this been a problem and nobody does anything?
If we don’t deal with the border, we will only get more. Incentives matter.
Children shouldn’t be pawns in any scenario but especially when it comes to politics. There is a pathway to citizenship for these youngsters and they should be allowed to achieve that goal and become law abiding and productive members of society.
Daca is a pathetic joke
Immigration has never been bad for this country, no matter how hard racists try to tell us otherwise.
Where’s your compassion?
DACA MUST be ended. And we must not have any Amnesties. We have had, at least, 12 AMNESTIES since Reagan said "Never Again". This Open Border Scheme is Absurd and Extremely Unfair to Current USA Citizens. It really is intended to Water Down the Voting Power of Current USA Citizens and it is Unconstitutional. This POTUS and his Admin and Congress is, essentially, Attacking the very Fabric of our Nation. They know this is not good for the USA and it's Citizens, but, they don't even consider what the Extremely Vast Majority of USA Citizens want their Country to be. And THIS is Criminal. And Republicans are and have been Complicit in this Destruction of the USA. This must Change, Now. Border States and Citizens are going to be Forced into, Rightly, taking action. And it is a Shame that our Supposed "Leaders" as are Abandoning the people they have been elected and sworn to represent. And Protect. Every one if you should be Ashamed of your Disregard for our Laws, our Customs and Traditions and the USA Citizens who put their Trust and Belief in YOU to out The USA FIRST in EVERY decision and Vote you make. This should not even be a Partisan issue. Everyone knows the Biden Presidency has been an Absolute FAIL in every aspect. What are you waiting for? It is far past time to act and Stop this Insanity. And you Republicans must get busy and must Act with the Extreme Urgency that is Required. I see Members of Congress so concerned about Cuba's Citizens and their Freedom and Wellbeing while our own USA circleing the drain. I do want a Free Cuba. But, I want the USA returned to a Common Sense USA FIRST in Everything we do. And THAT is YOUR responsibility. GET BUSY.
Wuhan virus cases increasing daily. Biden admin has allowed nearly a million people to cross the Southern border illegally, un tested or vaccinated. Now they want to add those people to DACCA. What else will they do for future voters?
DACA just added to the already out-of-control illegal alien problem. Illegal aliens have no rights here. I have to chuckle when they are in court and a judge tells them their right to appeal. They have zero rights, in court or anywhere else.
I am appalled over this judgment against DACA recipients. I’m praying the appeal will be swift for the mental health of all the DACA recipients and those waiting with applications. I cannot wrap my head around this injustice to humanity. Something must change in our country and soon. This just feels evil to put these poor people through that.
I will say it again there has to be more oversight (intermediary) on these Partisan judges. Without it, what stops them from lining their pockets with dark money. Which causes them to make such asinine decisions. Waiting until decisions get to the Supreme Court is not good enough
Talk about a judge legislating from the bench. Judge Hanen's selfish ruling put people's lives in danger and destroys families all in the name of border sovereignty. Placing more processing personel and stations closer to the problem, aiding refugees a chance to prove their case or not, would seem like a more just and "American" thing to do.
I am so sick of the anti-immigrant fervor in this country. It is particularly offensive to me because, with the exception of Native Americans, we are all immigrants. Many current citizens are descendants of immigrants who came when there were few restrictions on immigration. Many of them were poor, had limited education and did not speak the language. Those immigrants built America into what it is today. Now unless anti-immigration advocates are willing to admit that their opposition is based on skin color (in other words, racist) there is every reason to believe that today's immigrants will likewise enrich America. I am not suggesting that we shouldn't work to control our borders and require lawful entry - but frankly, if we had a coherent and reasonable immigration process, we wouldn't have so much illegal immigration. How about finally passing sensible immigration reform that is more open and provides a pathway for long term residents to become citizens? Why isn't there a Statute of Limitations on illegal entry like there is for every other crime?? Only murder doesn't have a Statute of Limitations. Hardworking, law abiding, long term residents deserve redemption. Those brought here as children especially deserve redemption because they had no choice. Look around you - look at the Dr.s, nurses, landscapers, agricultural workers, construction workers. business owners, and entrepreneurs. Many are immigrants, legal and illegal. Many are the children of illegal immigrants born here. And some are DACA recipients. If they all disappeared tomorrow we would be in sad shape. DACA is a desperate attempt to prevent us from doing something that is immoral and damaging to DACA recipients and to our nation. The Judge's decision may or may not be technically correct, but it is clearly morally bankrupt and unjust. If we don't clean up our immigration system and stop acting like spoiled brats who don't want to share our toys, we might as well send the Statue of Liberty back to France because we won't deserve it.
Go through Congress if you want to make this change.