
Federal Judge Declares DACA Illegal
Do you support the White House's immigration policies?
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)
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What are these young people going to do? They are for all practical purposes Americans. They know nothing of their origins, except what their parents relate to them. This is a political game with people's lives. It places these young peoples lives in jeopardy, not know if some Bozo in Congress is going to load them up on a bus or plane and send them to a country they don't know, or understand. This is nothing more than Bullying innocent people. These folks have been educated in our schools and some in our colleges. The majority are a whole lot smarter than some of our politicians.
What other option is there? Are they going to deport 800K young people who have lived most of their life in the US, grew up speaking English and may no longer speak any other language, have siblings born in the US so would split up families?
Also, a tremendous amount of administrative effort is spent renewing DACA status which requires submitting 2 forms ($410 for the I-765,
$85 for the I-821D), or DACA participants searching other pathways with the help of lawyers.
Options to DACA renewal
(1) Marry a U.S. citizen or permanent resident
(2) U visas for physical or mental abuse as the result of a crime, and agree to assist a law enforcement agency in investigating the crime.
(3) Apply for asylum in the US by proving fear of persecution in the native country based on race, nationality, religion, political opinion, or membership in a particular social group.
(4) temporary work visa, such as an O-1 visa, an H-1B visa, or an E visa. But an obstacle to getting this visa is that they may have “unlawful presence” or other immigration violations.
(5) Green Card Based on 245(i) qualification using 245(i) adjustment of status, an immigration petition (e.g., I-130, I-360, I-526, or labor certification) filed before April 30, 2001, and have been physically present in the United States on December 21, 2000. The petition must have been “approvable” at the time of filing, or derivative beneficiary is a spouse or child of the person for whom the petition was filed.
(6) Special Immigrant Juvenile Status for children who are the victims of abuse, neglect or abandonment
(7) Cancellation of removal is a defensive form of relief that you can apply for before an Immigration Judge. If you are not in removal proceedings and do not have a hearing to appear in Immigration Court, then you are not able to apply for Cancellation of Removal.
(8) Adoption before age 18
https://immigrationlawyerslosangeles.com/blog/daca-alternatives-immigration-options-daca-ends/
https://www.informedimmigrant.com/resources/daca/daca-renewals-2023/
I do not believe they should be given automatic citizenship. These children (at one time) were purposefully brought here for this very reason.
In addition, they have had plenty of time to seek citizenship. By now, they should be a contributing member of society in good standing, and should be able to speak English.
No surprise here that 9 GOP states file suit in Texas, and a Bush appointed lawyer agrees to strike down DACA which will no doubt get appealed all the way to the Supreme Court since Congress has avoided immigration reform with no substantive legislation since criminalizing immigration in 2001 and then sharing information between police and immigration in 2006.
https://www.cfr.org/timeline/us-postwar-immigration-policy
I don't generally like to bitch about Causes' occasionally awful decisions, but what the hell is this? "Here's an article about DACA. Do you agree with all of the administration's imigration policies?"
Well, no. But I do agree with DACA. Just ask about that.
"The writers guild went on strike today. Do you like television?"
Jeez.
The US constitution gives Congress the sole authority to make laws. Immigration policy is 100% congress's responsibility. The white house has no legal authority to set policy and DACA is illegal.
Republican would deport all DACA people, and their children if they had their way! Republicans are not concerned about domestic terrorism, like neo Nazi, proud boys, KKK and other crazy groups that hide behiden religious groups in the name of GOD.
The Biden Immigration Policy is a Political, knowing and Wilful attack on USA Sovereign. And That IS TREASON. The Open Borders is nothing less than an Invasion of the Sovereign of OUR Nation. And they are doing it, for a few reasons. One is that they think all these Aliens will turn into Dem Voters and make the Value of Republican Votes extremely weak. The Dems are Deliberately trying to Rewrite the U.S Constitution and Eliminate key Rights. In fact, this would end the USA as we were Founded to be. A Constitutional Republic. And the Dems want to Rig the Voting Population so as to Ensure Dems never relinquish Political Power ever. This can not be allowed. We will become another Venezuela IF the Dems have their way. So, Politicians, Don't Allow this to happen!!! Wise up and Restore the USA to the Constitutional Republic we are Founded to Be.
God Bless The USA
This ruling has created a nightmere for all the dreamers.
We all have benefited from having them with us, hoping for a solution.
Immigration policies? What immigration policies? This admin has no policies except come on in borders open.
The real issue in immigration legislation is streamlining the legal system for determining is immigrants can stay in us
I support the DACA. Plenty of commentators made very good points why DACA is important.
I do acknowledge that we have problem with immigrants. I honestly don't know what the answer is except try for the USA to work with countries that people are fleeing from. Saciton them? Offer business opportunities? Secretly take out the dictators and put in good persons?
Congress needs to fix America's immigration system ASAP. Quit wasting precious time on shut downs and impeachment inquiries. I feel the US has betrayed these young people. We can do better.
Congress needs to change immigration laws. make it harder for illegals to cross our border. the lawyers are making too much money representing the illegals. no more loop holes!
Children who have been brought to this country at a young age and know no other homeland should NOT be deported! How cruel is the gop that they want to do that!!!
Need permanent reform!
Biden administration has allowed more illegal immagrants than any President in 60 years! This has to stop! Build the WALL
They are fleeing from drug cartels in certain areas in the southern hemisphere...This is there home now and need our help to grow up within a better place.
i support dacca and the judge in texas is a racist anti immigrant judge these childrren never knew they were herre illegally and they had no choice so its not rright to deport them instead they need a path to citizen ship and deport the judge in texas
“From what we have seen, their policy is open borders, come on in.
as far as the DACA that have been in this country for twenty some years, they should be given citizenship. Because this condition has gone on through many administrations without concert for these young people.
Thus Congress needs to get off their buts and fix this situation, NOW!
You people that are in office are still breaking our country's laws. Yet, you expect the rest of us to! Where are our nation's standards?”
I'm stunned at how the anti-immigrant MAGA crowd doesn't even understand the situation.
DACA recipients do not currently have a way to apply for citizenship. They are not allowed, since they came here without documentation or a visa.
This just further shows the cruelty and xenophobia of the right. They don't understand that situation and don't even care that these vital young workers are trapped in a system that won't even allow them to apply to stay.
Once again we see there is no moral high ground for the right.
I support its policy re: DACA. I think its border policies are questionable until we strengthen the safety of immigrants at the Mexican border and the right of refugees to live in the US while their application for asylum is process and tried.
From what we have seen, their policy is open borders, come on in.
as far as the DACA that have been in this country for twenty some years, they should be given citizenship. Because this condition has gone on through many administrations without concert for these young people.
Thus Congress needs to get off their buts and fix this situation, NOW!
You people that are in office are still breaking our country's laws. Yet, you expect the rest of us to! Where are our nation's standards?
Gee, even the sanctuary cities are complaining. The cartels have Biden as salesperson of the year. Fentanyl and terrorists get here like walking across the street. UN has it as the most dangerous border in the world.
This country doesn't have any immigration policy currently. We have open borders.
Why haven't those children brought here years ago filed for citizenship?