A federal judge has again declared a revised version of the Deferred Action for Childhood Arrivals (DACA) program illegal.
“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,” Judge Andrew Hanen, of the Southern District of Texas, wrote in his 40-page ruling, per The Associated Press. “The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation … The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void.”
DACA was created in 2012 to allow undocumented immigrants brought to the United States as children to live and work in the U.S. temporarily. Although these children, often referred to as “Dreamers,” can be authorized to work, they remain ineligible for many federal programs, including health coverage through Medicaid, the Children’s Health Insurance Program (CHIP), and the Affordable Care Act (ACA) health insurance Marketplaces.
The immigrant community helped build this country into what it is with thousands of DACA recipients only ever knowing the United States as their home. It’s heartless to discard them to an unknown place.
— Rep. Frederica Wilson (@RepWilson) September 14, 2023
Dreamers deserve better. This fight is not over. https://t.co/ImKC6z0Ld0
To be eligible, individuals must have arrived in the U.S. before turning 16 and before June 15, 2007; be under the age of 31 as of June 15, 2012 (i.e., under age 41 as of 2022); be currently enrolled in school, have completed high school or its equivalent or be a veteran; and have no lawful status as of June 15, 2012. Participants cannot have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety
There were 578,680 immigrants enrolled in DACA as of the end of March, according to United States Citizenship and Immigration Services (USCIS).
The ruling is a blow to the Biden administration, which released a rule last year to “preserve and fortify” DACA. However, nine Republican-led states asked Hanen to block the law in January, insisting the rule was “unlawful.”
BREAKING: Judge Hanen of the U.S. District Court has declared #DACA unlawful. Those who currently have DACA can continue to renew their 2-year work permits, but new applications are not being accepted at this time. This is yet another blow for immigrants in need of protection.
— UndocuBlack Network (@UndocuBlack) September 13, 2023
“The Final Rule—as the latest manifestation of the DACA program—is substantively unlawful for the same reasons as the DACA Memorandum. The Court should declare it unlawful and unconstitutional, vacate it in its entirety, and permanently enjoin its implementation (with a prudent transition for existing DACA recipients),” the filing states.
The judge’s ruling is expected to be appealed to the U.S. Supreme Court.
