The U.S. District Judge Andrew Hanen has issued a ruling declaring DACA — the Deferred Action for Childhood Arrivals — as illegal. The policy was introduced by Obama to prevent the deportation of hundreds of thousands of children, known as Dreamers, brought to the US as children but yet to obtain legal citizenship.
Suspension of the Program
The decision was made after Hanen sided with Texas and eight other states that had filed a lawsuit to pause DACA. It will likely be appealed, potentially reaching the Republican-dominated Supreme Court.
Impact of the Ruling
As a consequence of the ruling, the DACA program will be halted, preventing the government from accepting new applicants. However, existing recipients will still benefit in the meantime pending the outcome of the appeals process.
No Action Needed
Hanen stressed that the federal government was not currently required to take action against recipients, but if appeals are unsuccessful, Dreamers will no longer be protected and may face deportation. Though DACA does not provide a path to citizenship, it offers recipients a 2-year period in which they can obtain work permits that enable them to reside legally.
An Overextension of Authority
The states that filed the lawsuit cited the policy as illegal, accusing the Obama administration of overstepping its authority as it bypassed Congress in order to make the program law.
Previous Rulings
Hanen previously declared DACA illegal in 2021, claiming that it did not undergo public notice and comment periods mandated by the federal Administrative Procedures Act. Biden responded with a revised version of DACA in October 2022 which underwent public comments.
Doubling Down
Hanen has maintained that DACA is still illegal, even in its revised form. He insisted that it was Congress’ responsibility to introduce legislation to protect the Dreamers instead.
Financial Motivations
Hanen also previously ruled that states could bring lawsuits against DACA if they had suffered “financial harm” due to the program. Healthcare and education were listed as the possible expenses of illegal immigrants staying in the country.
The States That Filed
Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, Kansas, and Mississippi make up the states that joined the lawsuit. The federal government, the Mexican-American Legal Defense and Educational Fund, and the state of New Jersey have retaliated that there is no evidence linking costs incurred to DACA recipients.
Congress’ Authority
They also argued that Congress had granted the Department of Homeland Security the legal right to enact immigration policies. 578,680 people were enrolled in DACA at the end of March 2023, according to U.S. Citizenship and Immigration Services.
DACA’s Legal History
DACA has faced several legal challenges since its inception; in 2016, SCOTUS reached a deadlock over plans to expand DACA and establish a similar program for parents of Dreamers. In 2020, the court also ruled 5-4 that Trump’s attempts to stop DACA were invalid, allowing it to continue.
The Role of Congress
President Joe Biden and advocacy groups have repeatedly requested Congress pass permanent protections for DACA recipients, but none of these attempts have been successful, largely due to a lack of Republican support.
The Christian Right
Many people on the internet blamed far-right members of the Republican Party for the new development. “All this because right-wing Christians really hate their neighbors,” one person commiserated. “They don’t care about anyone else,” another said.
American Hypocrisy
“So the original purpose of America set forth by our founding fathers is illegal. Got it,” one forum user wrote. Someone else agreed, “They are, quite literally, ignoring the sign out front that literally says “Give me your tired, your poor, those yearning to be free…” They’d rather the sign say “Closed.”
Ruining Things for Progressive States
Several people highlighted how the lawsuit was brought forward by conservative, Republican states, but that the outcome would impact everyone. “Time that the progressive states start making their own rulings,” one commenter suggested.
Predicting the SCOTUS Response
“Gee, I wonder where SCOTUS might land on this?” one person added, alluding to the notoriously conservative line-up of the current Supreme Court which has made several right-wing rulings, such as overturning Roe v Wade. It features a ratio of 6 Republican judges to just 3 Democrats.
Defending Dreamers
Several forum members expressed their support and sympathy for DACA recipients. “The amount of hate for Dreamers and others on the comment sections of various sites with the story is just sad,” one person shared. “IMO Dreamers ARE Americans. Their being here was not their fault, most of their parents are now citizens, and Republicans want to use them to get revenge.”
Public Opinion
“And everyone else here undocumented should have a pathway to citizenship,” they continued. “Poll after poll shows the majority of people support it.”
Republicans to Blame
When some commenters questioned why Democratic presidents hadn’t passed more substantive legislation to protect undocumented people during their presidencies, several commenters clarified that they were hampered by Republicans in Congress and lacked a strong enough majority to pass meaningful legislation.
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