A Texas federal judge has ruled that DACA is once again illegal. The revised policy, which had been put in place by the Biden administration, was struck down on September 13. The judge sided with nine states that were suing to stop the program.
This is not the first time that this judge, United States District Judge Andrew Hanen, has declared DACA illegal. He made the same ruling in 2021. Hanen argues that DACA does not meet the requirements set forth by the federal Administrative Procedures Act.
In response to the judge’s ruling, the Biden administration made changes to the program to comply with the decision. The new version of DACA went into effect in October 2022. However, it is likely that this ruling will be appealed to the U.S. Supreme Court for a third time.
Current DACA recipients are still protected for now
So, what does this ruling mean for DACA recipients? According to AP News, the judge’s ruling prevents the government from accepting any new DACA applications. However, it does not affect the status or protections of current DACA recipients.
In his ruling, Judge Hanen acknowledges the difficult situation that DACA recipients and their families face. However, he points out that there are legal deficiencies in the program and argues that programs like this should be passed by Congress, not the executive branch.
The judge’s decision also rejects a request from nine states to end DACA within two years. This means that the protections for current recipients will remain in place for now.
This protection will continue throughout the legal review process. According to Axios, there are currently over half a million DACA recipients who will benefit from this protection.
The states that are petitioning for the removal of DACA are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.
Supporters of the program have not been happy about the ruling
Many people have expressed their disappointment and opposition to the ruling on social media. Some supporters of DACA have shared their concerns about the future of young people who have grown up in the United States. They argue that these individuals should be protected and provided with a pathway to citizenship.
Others have highlighted the impact of DACA on states with a large Hispanic population. They point out that many of these states have upcoming Senate races in 2024.
There are also individuals who believe that the issue of DACA should be addressed through legislation rather than executive orders.
On the other hand, there are those who support the judge’s ruling and argue that DACA is illegal and temporary. They believe that the program should be abolished.
Another person on X shared, “It’s illegal. Stop. Just stop with your BS. You are destroying our cities with your open border and DACA was only ever meant to be temporary. Impeach!!!”
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