“Texas Conservatives Are the Slime of Humanity”: Obama’s DACA Immigration Policy Deemed Illegal in Texas Lawsuit, Threatening Former President’s Legacy

Michelle HollandNov 28, 2023

Minute Read

Federal judge Andrew Hanen has ruled Obama’s Deferred Action for Childhood Arrivals (DACA) policy unlawful, potentially putting the former president’s political legacy in jeopardy.

Deferred Action for Childhood Arrivals

The DACA program was introduced in 2012 to help undocumented children of immigrants stay in the U.S. Though it does not offer a direct path to citizenship, it allows those brought to the U.S. at a young age to defer deportation long enough to find employment that will enable them to remain in the country legally.

Protecting “Dreamers”

The program is intended to protect children of immigrants, known as “Dreamers” after the proposed Development, Relief, and Education for Alien Minors Act, who have spent most of their lives in the United States and were brought unlawfully by their parents. The number of Dreamers in the U.S. is said to be in the millions.

The Lawsuit Against DACA

Republicans and red states have persistently rejected the legitimacy of DACA, with nine states joining Texas in a lawsuit to terminate the policy: Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia. They have alleged that the program caused them financial harm.

Hanen’s Previous Ruling

Hanen previously declared DACA illegal in 2021, claiming that it did not adhere to the public notice and comment periods mandated by the federal Administrative Procedures Act during its legislative process.

No Final Judgement

On the ruling, Hanen stated: “A Final Judgement has not been entered in this case, so all matters not being addressed by an appellate court are still pending in this court and subject to its jurisdiction.”

Awaiting a Further Court Order

Hanen continued, “That program is vacated, and the Department of Homeland Security (DHS) is enjoined from implementing Final Rule DACA until a further order of the Court, the Fifth Circuit Court of Appeals, or the Supreme Court of the United States.”

The White House Statement

White House Press Secretary Karine Jean-Pierre said in response to Hanen’s decision: “We are deeply disappointed in today’s DACA ruling from the District Court in Southern Texas. On day one of his Administration, President Biden issued a memorandum directing the federal government to take all appropriate actions to “preserve and fortify” the DACA policy.”

Defending DACA

She continued, “Consistent with that directive, the Administration has defended the DACA policy from legal challenges, and issued a final rule codifying this longstanding policy. During this Administration, hundreds of thousands of DACA recipients have been able to live and work lawfully in our country without fear of deportation.”

Criticizing the Decision

Editorial credit: lev radin / Shutterstock.

Jean-Pierre added: “As we have long maintained, we disagree with the District Court’s conclusion that DACA is unlawful, and will continue to defend this critical policy from legal challenges.”

Continuing the Program

She insisted: “While we do so, consistent with the court’s order, DHS will continue to process renewals for current DACA recipients and DHS may continue to accept DACA applications.”

Calling on Congress

“We are committed to protecting all the Dreamers who have throughout their lives enriched our communities and our country, and we continue to call on Congress to provide permanent protection to the hundreds of thousands of Dreamers in the United States,” Jean-Pierre concluded.

Obama’s Legacy

Editorial credit: Evan El-Amin/Shutterstock.

If DACA is unable to survive these persistent legal obstacles, it could present a significant risk to Obama’s legacy. DACA — which Obama passed using an executive order — was considered a major achievement of his presidency, and hundreds of thousands of Dreamers have gone on to benefit from it.

The Internet Blames Texas

Many people online were disappointed with the ruling and blamed Texas for initiating the lawsuit. “I didn’t even need to open the article to know that it was Texas. Texas conservatives are the slime of humanity,” one person commented, whereas another added, “Annexing Texas was always gonna bite us in the butt.”

The District Court’s Power

Others criticized the fact that federal law could be challenged by state district courts. One poster complained, “The ability of any district court to strike down any federal law at any time is kind of ludicrous. In Europe, the ability of courts to do this is generally centralized in a constitutional court.”

A Potential SCOTUS Battle

Someone replied, “Rulings like this often get appealed which means the law stays in effect, and then later it can flow towards the Supreme Court, which you may or may not want depending on who’s in the Supreme Court.”

The Shifting SCOTUS

The SCOTUS previously ruled in favor of DACA and against Trump’s planned suspension of the program in 2021. Despite this, the court now leans more conservative since Republican Amy Coney Barrett replaced Democrat Ruth Bader Ginsburg following her death. This makes a Supreme Court ruling against DACA more likely.

Questions of Legality

Another poster, however, shared concerns about DACA’s legality, claiming: “Deferred action part of DACA is okay, but it’s the granting of benefits (Social Security number, work permits) without passing through Congress that is the questionable part.” Another contributor contested this, stating that “even assuming DACA was unlawful, it isn’t like Americans actually care about the constitutional validity of laws and acts passed.”