A Texas federal judge on Friday blocked an Obama-era DACA program that protected illegal immigrants.
QUICK FACTS:
- District court Judge Andrew Hanen’s 77-page opinion concluded that the Deferred Action for Childhood Arrivals program (DACA) is unlawful.
- Judge Hansen based his opinion on the fact that DACA violates the Administrative Procedure Act.
- The Department of Homeland Security (DHS) will no longer be able to approve new DACA applications since the Southern District of Texas judge found that DHS does not have the authority to do so.
- Hanen also ruled that the Obama administration violated federal administrative law when establishing the policy through a DHS memo.
- Judge Hanen’s ruling doesn’t affect the status of more than 600,000 current DACA recipients.
- Much of the ruling is on hold pending appeals, which means current DACA recipients will not lose their protections yet.
WHAT JUDGE HANEN SAID:
- “While the law certainly grants some discretionary authority to the agency, it does not extend to include the power to institute a program that gives deferred action and lawful presence, and in turn, work authorization and multiple other benefits to 1.5 million individuals who are in the country illegally,” Hanen wrote.
HOW THE BIDEN ADMINISTRATION HAS RESPONDED:
- Forbes reports the federal government will appeal Judge Hanen’s decision.
- After the Biden admin appeals Hanen’s ruling, it will head to the conservative-leaning Fifth Circuit Court of Appeals.
BACKGROUND:
- DACA allows certain immigrants to temporarily avoid deportation and to receive renewable work permits.
- DACA—a program from 2012—also provides deportation relief and work permits to illegal aliens.
