Last Wednesday, September 13, 2023, US District Judge Andrew Hanen once again ruled illegal the Deferred Action for Childhood Arrivals (DACA) immigration program. Judge Andrew Hanen agreed with Texas and eight other states suing to end the Deferred Action for Childhood Arrivals, or DACA, program.
Since its inception, many states have tried to prove that the Obama administration did not have the authority to create the program in 2012 because it bypassed Congress, and the program has been in limbo ever since.
The Biden administration presented a new version of the program in October 2022, which was subject to public comment as part of a formal rulemaking process, although Judge Andrew Hanen found that the regulation issued last year years of the Biden administration did not remedy the legal deficiencies that led to the declare DACA illegal in 2021 and block any expansion of the programwhich has been around for over a decade, therefore the government is prohibited from approving new applicationsbut left the program intact for existing beneficiaries during the long-awaited appeals process.
Press Secretary Karine Jean-Pierre of the Biden administration on the DACA District Court ruling said that we are very disappointed with today’s DACA ruling in the Southern District Court of Texas. On the first day of his administration, President Biden issued a memorandum ordering the federal government to take all appropriate steps to “preserve and strengthen” the DACA policy. Pursuant to that directive, The Administration has defended its DACA policy from challenges and issued a final rule codifying this longstanding policy. During this Administration, hundreds of thousands of DACA recipients have been able to live and work legally in our country without fear of deportation.
As we have long held, We disagree with the District Court’s conclusion that DACA is illegal and will continue to defend this critical policy from legal challenges.. As we do so, consistent with the court order, DHS will continue to process renewals for current DACA recipients and DHS may continue to accept DACA applications.
We are committed to protecting all Dreamers who enrich our communities and our country throughout their lives, and we continue to call on Congress to provide permanent protection to hundreds of thousands of Dreamers in the United States.
For his part, the Secretary of Homeland Security Alejandro N. Mayorkas issued the following statement regarding the decision of the US District Court for the Southern District of Texas on Deferred Action for Childhood Arrivals (DACA): final rule to preserve and strengthen DACA last year, and as the former director of US Citizenship and Immigration Services (USCIS) who, in 2012, led the development and implementation of DACA, I am deeply disappointed by the ruling and I am extremely qualified to say that DHS believes that DACA is legal and constitutional.
“The ruling preserves the suspension, meaning current DACA recipients will not lose their protection from deportation. But this ruling undermines the security and stability of the more than half a million Dreamers who contribute to our communities. America is “The only home they live in. Congress has failed to act, and now Dreamers face an uncertain future, waiting to receive the permanent protection they deserve.”
According to the ruling, USCIS will continue to process DACA renewals, and DHS will continue to advocate for DACA recipients every day, in court and through our actions. We stand ready to work with Congress on a lasting solution for our Dreamers.”