Federal Judge Declares DACA Illegal

Updated Sept. 14, 2023, 10:10 a.m. PST

• U.S. District Judge Andrew Hanen ruled in favor of nine states, including Texas, that are suing to stop the Deferred Action for Childhood Arrivals, or DACA, program.
• Hanen has declared DACA, a program that prevents the deportation of thousands of immigrants brought to the U.S. as children, illegal. He declined to order an immediate end to the program and the protection it offers, however.
• The judge’s ruling is expected to be appealed to the U.S. Supreme Court. This will be the third time the DACA program has been before the high court.
• In a 40-page ruling, Hanen wrote:

“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time.”

• Hanen’s order extends the current injunction against DACA, which bars the government from approving any new applications. His order  does not require the federal government to take any actions against current DACA recipients, also known as “Dreamers.”
• The Biden administration criticized the ruling. Press Secretary Karine Jean-Pierre said:

“We are deeply disappointed in today’s DACA ruling from the District Court in Southern Texas."

What's the story?

• Eleven years after President Barack Obama created DACA, the Deferred Action for Childhood Arrivals, to temporarily support young undocumented immigrants, the program's fate remains in legal limbo.
• The program has been the target of constant legal battles and political lobbying since its inception in 2012. Just last year, a federal appeals court ruled that DACA is unlawful.

What is DACA?

• DACA allows young people brought to the country illegally before the age of 16 to qualify for temporary residency and work privileges without fear of deportation. Applicants must re-register for the program every two years.
• Recipients must have lived in the U.S. before 2007, pass a criminal background check, and meet education requirements. 
• Since its inception, it has helped over 800,000 immigrants temporarily settle in the U.S. According to U.S. Citizenship and Immigration Services, there are roughly 600,000 current DACA holders.
• Recipients of the protections have been dubbed "Dreamers" after The Dream Act, legislation that never passed in Congress.
• In a 2012 speech, Obama said of DACA recipients:

"These are young people who study in our schools, they play in our neighborhoods, they're friends with our kids, they pledge allegiance to our flag. They are Americans in their heart, in their minds, in every single way but one: on paper."

What is the Biden administration saying?

• President Biden and Vice-President Kamala Harris called on Congress to provide young people who are protected under DACA with long-term protections through immigration reform.
• Biden is calling on Congress to send him a bill that creates a pathway to citizenship for Dreamers. For years, Congress has not agreed on immigration reforms or the program's status.
• In a statement, Biden said: 

"Dreamers are Americans. Many have spent the majority of their lives in the United States. They are our doctors, our teachers, and our small business owners. Dreamers strengthen our economy, enrich our workplaces, and during the COVID-19 pandemic, many served their communities on the frontlines."

• Harris reiterated the message:

"The DACA program has made it possible for hundreds of thousands of Dreamers to live, work and thrive in America. So, today, on the 11th anniversary of DACA. President Biden and I again declare: We will not rest until Congress provides all Dreamers permanent protections, including a pathway to citizenship."

Legal limbo

• In 2017, Trump decided to end the program, but the Supreme Court ruled that his plan to cancel DACA violated federal law.
• In Oct., a federal appeals court in Texas ruled that the DACA program is illegal and should be eliminated.
• U.S. District Judge Andrew Hanen is expected to rule again on the program's legality after Biden moved to codify the program into administrative law.
• Hanen is allowing current DACA recipients to maintain their status while the appeals process moves through the courts but has banned new applicants.

What's next?

• Legal experts believe the case will eventually be brought before the Supreme Court.
• The number of immigrants in detention centers recently increased by 40% after the end of the pandemic-era border measures, with about 30,000 people currently detained.
• A group of Dreamers who have self-deported due to the legal uncertainty of the program have created an online network called ONWARD to offer support to DACA recipients who are considering leaving the U.S. permanently. A recipient of DACA support told ABC:

"I think it shows that the American Dream has, you know, in many ways left us out, unfortunately. I love this country. But unfortunately, the dream has really left us out."

Do you support the White House's immigration policies?

—Emma Kansiz 

(Photo Credit: Pixnio/Charlie Watson, USAID)