DACA Dealt Major Blow as Federal Judge Rules Program Illegal

DACA Dealt Major Blow as Federal Judge Rules Program Illegal
Protesters hold various signs and banners at a DACA rally in San Francisco on 5 September 2017, United Way of America, CC BY-SA 4.0

A federal judge in Texas has ruled that the Deferred Action for Childhood Arrivals (DACA) program is illegal, blocking the Biden administration from approving any new applications.

The ruling, issued by U.S. District Judge Andrew Hanen, came in response to a lawsuit filed by a group of Republican-led states. Hanen argued that DACA was created by President Obama without the consent of Congress and that it is an unconstitutional overreach of executive power.

“DACA was created by President Obama through executive action,” Hanen wrote in his ruling. “It is not authorized by Congress, and it violates the Administrative Procedure Act.”

The ruling is a major setback for DACA recipients, who are now facing an uncertain future. The ruling does not affect current DACA recipients, who will be able to keep their protections and renew their status. However, it does block the Biden administration from approving any new DACA applications. This means that new Dreamers will not be able to access the program, and existing Dreamers will not be able to bring their spouses or children into the program.

Federal judge rules against DACA. FOX 9 Minneapolis-St. Paul

The ruling has been met with mixed reactions. Some DACA recipients have expressed disappointment and frustration, while others have vowed to continue fighting for their rights.

“This is a devastating blow to Dreamers and their families,” said Marielena Hincapié, executive director of the National Immigration Law Center. “DACA has been a lifeline for hundreds of thousands of young people who have only known the U.S. as their home.”

Senator Chuck Schumer, a Democrat from New York, also condemned the ruling. “This ruling is a clear example of why Congress needs to pass permanent protections for Dreamers,” he said. “We cannot leave these young people hanging in the balance.”

President Joe Biden has also spoken out against the ruling. “The Trump administration’s efforts to end DACA were cruel and inhumane,” he said. “I will continue to fight for Dreamers and their families.”

The Biden administration has said that it will appeal the ruling to the Fifth Circuit Court of Appeals. The case is likely to be appealed to the Supreme Court as well.

The ruling could have a significant impact on the economy and society. DACA recipients are estimated to contribute billions of dollars to the economy each year, and they are also an important part of the workforce. The ruling could also lead to increased anxiety and uncertainty among DACA recipients, which could have a negative impact on their mental health and well-being.

The legal arguments that could be made in appeal are complex and will likely be debated by lawyers and legal experts for years to come. However, the Biden administration could argue that DACA is a lawful exercise of executive power and that it does not violate the Administrative Procedure Act. The administration could also argue that the ruling is based on a flawed interpretation of the law.

The ruling is a major setback for DACA recipients and their families, but it is not the end of the road. The Biden administration has said that it will appeal the ruling, and the case is likely to be appealed to the Supreme Court. The outcome of the case is uncertain, but it is clear that the future of DACA is still up for debate.

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