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Federal Judge Rules That DACA Is Illegal

Madeline Leesman
Madeline Leesman  |  September 15, 2023 1:30 PM

On Wednesday, a federal judge in Texas declared illegal a version of Deferred Action for Childhood Arrivals (DACA), which protects illegal immigrants who were brought to the United States as young children from being deported.

In the ruling, the judge, Andrew S. Hanen of the Federal District Court in Houston maintained that former Democratic President Barack Obama exceeded his authority when he created the DACA program in 2012. The judge did not mandate an immediate end to the program, according to a report from The New York Times. The case is likely headed to the United States Supreme Court.

Texas, along with several other states, argued that the Obama administration did not have the authority to create DACA because it circumvented Congress. In his ruling, Judge Hanen barred the U.S. government from approving any new DACA applications. But, his ruling did not require the government to take action against any DACA recipients (via NBC News):

In 2021, Hanen had declared the program illegal, ruling it had not been subject to public notice and comment periods required under the federal Administrative Procedures Act.

The Biden administration tried to satisfy Hanen’s concerns with a new version of DACA that took effect in October 2022 and was subject to public comments as part of a formal rule-making process.

But Hanen, who was appointed by then-President George W. Bush in 2002, ruled the updated version of DACA was still illegal. He had previously said DACA was unconstitutional and it would be up to Congress to enact legislation shielding people under the program, often known as “Dreamers.”

Hanen also had previously ruled the states had standing to file their lawsuit because they had been harmed by the program.

The states that brought forward the lawsuit include Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi. Those defending the program include the Biden administration and the Mexican American Legal Defense and Educational Fund and the state of New Jersey. The defendants reportedly argued that the states failed to provide evidence that the costs they allege have occurred are tied to DACA recipients.

Predictably, Democrat politicians denounced Hanen’s ruling. 

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"This decision is terrible, but no surprise. DACA recipients can't keep living in legal limbo. Congress must provide a path to citizenship," Illinois Democrat Rep. Cuy García wrote on X, formerly known as Twitter..

Washington Democrat Rep. Pramila Jayapal wrote that illegal immigrants “deserve better.”