A revised version of the federal Deferred Action for Childhood Arrivals (DACA) program, which prevents the deportation of immigrants brought to the U.S. as children, has been declared illegal by U.S. District Judge Andrew Hanen. This ruling comes after a previous decision in July 2021, which vacated the original DACA program created in 2012. The judge’s recent decision reaffirms this and enjoins the Department of Homeland Security (DHS) from implementing the Final Rule DACA until further notice from the court.
However, the judge allows DHS to continue administering the program to individuals who received their initial DACA status before July 16, 2021, including processing and granting renewal applications. Hanen also permits DHS to accept initial applications but not grant them. The decision follows a legal battle involving several states, including Texas, that sought to end DACA, alleging significant financial burdens related to healthcare, education, and other costs associated with undocumented immigrants.
While the White House expressed disappointment with the ruling, it reaffirmed its commitment to defending DACA. They stated that the program has allowed hundreds of thousands of recipients to live and work lawfully in the U.S. and will continue to call on Congress to provide permanent protection to all Dreamers in the country. The case was returned to Judge Hanen by the Fifth Circuit Court of Appeals for a review of changes made by the Biden administration, with Texas and other states arguing that the updated program remains unlawful and unconstitutional.
