Judge Rules against Biden Administration’s Amended DACA Program
By [Your Name], Journalist
Date: [Insert Date]
Once again, Judge Andrew Hanen has made a ruling against the Deferred Action for Childhood Arrivals (DACA) program. Initially created by former President Barack Obama in 2012, DACA has faced numerous legal challenges over the years. Judge Hanen, who already declared the initial version of DACA illegal earlier this year, has now ruled against the amended version presented by the Biden administration.
In his ruling, Judge Hanen stated that the solution for DACA recipients, also known as Dreamers, lies within the legislative branch and not within the executive or judicial branches. He argued that the original memorandum creating DACA was promulgated illegally, and the Biden administration simply attempted to “formalize” a program that he himself had already deemed irregular.
According to Judge Hanen, there is no material difference between the 2012 version of DACA and the one presented by the current administration. As a result of his ruling, the Department of Homeland Security is prohibited from processing applications for registration in the program from Dreamers who have never registered before.
This resolution has significant consequences, particularly for the approximately 80,000 Dreamers whose applications have been put on hold since Judge Hanen’s previous ruling. These individuals have been unable to access the program or become new beneficiaries.
However, it is important to note that the ruling does not impact current DACA recipients or their renewals, and it does not change or expand eligibility. United We Dream (UWD), one of the main Dreamer organizations, emphasized in a statement that DACA remains in effect until a new decision is made by the appeals court. UWD called on Dreamers whose deportation protections or employment authorizations are set to expire in the next 150 days to re-register.
Additionally, UWD advised Dreamers facing difficulties with their renewals to seek specialized legal advice before contacting the United States Citizenship and Immigration Services (USCIS). They urged President Joe Biden and Congress to take action and provide Dreamers with a legal path to citizenship, putting an end to the uncertainty they currently face.
In response to the ruling, the Biden administration called on Congress once again to legislate a permanent solution for Dreamers. The White House expressed deep disappointment and vowed to defend the DACA program from legal challenges. The Department of Homeland Security Secretary, Alejandro Mayorkas, assured that Dreamers will not be deported and their work permit applications will continue to be renewed. However, he acknowledged that Judge Hanen’s decision undermines their security and stability.
The Mexican American Legal Defense and Education Fund (MALDEF), which intervened in the trial to defend DACA, announced that it will appeal Judge Hanen’s decision. Senator Dick Durbin, who has been championing legislation to offer a path to permanent residency for DACA recipients, also condemned the ruling and called on his fellow lawmakers to protect immigrants.
The fate of DACA now rests in the courts, with a high probability of reaching the Supreme Court for the third time. In 2016, the Supreme Court reached a 4-4 tie on the matter, and in 2020, they ruled 5-4 against the Trump administration’s decision to end the program. With the issue having stagnated in Congress for years, any progress would be a significant surprise.
It is clear that the legal battle surrounding DACA is far from over, leaving Dreamers in a constant state of uncertainty. As the appeals process unfolds, the future of DACA remains uncertain, while the fate of thousands of Dreamers hangs in the balance.
[Include any additional relevant information or quotes from experts or affected individuals].
Sources: AP, EFE, Immigration Univision Noticias.