Texas Judge Rules DACA Illegal but Allows Renewals for Two More Years
A federal judge in Texas ruled on Wednesday that the Deferred Action for Childhood Arrivals (DACA) program is “illegal.” However, Judge Andrew Hanen of the United States District Court for the Southern District of Texas allowed its beneficiaries to continue renewing deportation protections and work permits for another two years.
In his 40-page ruling, Judge Hanen stated that the original DACA program, created by President Barack Obama in 2012, exceeded presidential authority. Hanen also ruled that the new 2021 DACA, implemented by the Biden administration to replace the original, has no “material differences.” Nonetheless, the ruling does not require the government to take any immediate action against DACA beneficiaries.
This is not the first time Judge Hanen has ruled against DACA. In a similar ruling in 2021, he declared the program illegal but allowed for temporary renewals. However, this latest ruling prohibits the Department of Homeland Security from processing registration applications from individuals who have never been registered in the program.
DACA, established by President Obama, offers protection from deportation and renewable work authorization to around 1.2 million young people who arrived in the United States as children. The program was created due to Congress’ failure to pass comprehensive immigration reform.
Last year, the Department of Homeland Security introduced a new version of DACA, aiming to address the concerns that led to the lawsuit filed by a coalition of Republican-led states, with Texas at the forefront. The government argued that the new program complied with administrative procedures and was published in the Federal Register for public comment.
Following the ruling, the Justice Department, along with attorneys from the Mexican-American Legal Defense and Educational Fund (MALDEF), appealed Hanen’s decision to the 5th Circuit Court of Appeals in New Orleans. They requested that the ruling be vacated based on the government’s plan to replace the original program with a new one.
Critics of the second ruling by Judge Hanen, including MALDEF and the advocacy group FWD.US, expressed their disappointment and disagreement. They argue that the new program is already in effect and that the arguments made against it are now irrelevant. They anticipate that higher courts will ultimately decide the fate of DACA.
Despite the ruling, current DACA recipients are encouraged to continue renewing their protections and work permits. Advocacy organizations, including United We Dream (UWD), urge eligible Dreamers to re-register if their deportation protections or employment authorizations are set to expire in the next 150 days. UWD provides instructions on its website for renewing DACA with the Office of Citizenship and Immigration Services (USCIS).
The court battle surrounding DACA will continue, but for now, the program will remain in effect for the next two years.