DACA program deemed illegal, but will remain in place for now

A federal judge in Texas on Friday declared DACA (Deferred Action for Childhood Arrivals) illegal. DACA has allowed nearly 800,000 young people who were brought to the United States illegally as children to be given immunity from deportation.

U.S. District Court Judge Andrew Hanen in Brownsville, Texas, said the Obama administration didn’t follow standard administration rules when it launched the Deferred Action for Childhood Arrivals program in 2012. The judge has put a lot of his ruling on hold, pending an appeal.

“It is not equitable for a government program that has engendered such significant reliance to terminate suddenly,” Hanen said in his ruling, per NBC News.

Those who are currently on the program can continue to make their cases to remain in the United States.

The judge did say that the Department of Homeland Security cannot accept any new applications from anyone who is not currently on the program.

House Speaker Nancy Pelosi (D-CA) said she expects a successful appeal, and that Democrats would “continue to press for any and all paths to ensure that the Dream and Promise Act, now passed twice by the House, becomes the law of the land.”

The American Civil Liberties Union said DACA should remain in place. “Dreamers’ futures shouldn’t be in the hands of the courts,” they tweeted.

When President Biden took office he immediately ordered the Homeland Security secretary “to take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.”

Sergio Gonzales, who is the executive director of Immigration Hub, said that “Judge Hanen’s ruling is a signal to Congress to act immediately and deliver a path to citizenship for Dreamers.”

“How many times do Dreamers, and their families have to be subjected to the whims of legal uncertainty and politicians dead-set on deporting these everyday Americans? Enough,” Gonzales added.