A federal judge in Texas, on Wednesday, declared President Biden’s version of the Obama-era program that shields young immigrants from deportation, the Deferred Action for Childhood Arrivals (DACA), illegal, stating that the new iteration is not significantly different from the programs he had previously halted.
More about the Deferred Action for Childhood Arrivals
According to federal figures, over 11,000 Nevada residents benefit from the DACA program, which grants work permits and deportation relief to individuals who came to the United States as minors.
Last year, after the Biden administration codified the program in federal regulations, U.S. District Judge Andrew Hanen, a Republican-appointed judge in Texas, took up a case brought by a group of Republican-led states.
On Wednesday, Hanen agreed with Texas and eight other states that the program was illegal, in line with his previous rulings against the older versions of the program. However, Hanen stopped short of ending the program entirely.
While this decision maintains DACA protections for those currently benefiting from the program, it will likely deter future applicants from applying.
According to the U.S. Citizenship and Immigration Services, it’s estimated that 95,000 applicants have been blocked from applying due to previous court orders that prevented the acceptance of new applicants.
According to research by FWD.us, another estimated 400,000 eligible undocumented youth, who are unable to meet the DACA eligibility requirements as they recently arrived in America, are left without a path to fulfillment.
The Texas judge’s decision potentially sends DACA to the Supreme Court, where advocates and legal experts say that a conservative majority bench could potentially render the entire program illegal.
For over a decade, DACA has faced various legal challenges, leaving approximately 579,000 undocumented youth nationwide without a clear path to citizenship.
Alejandro Mayorkas, the Department of Homeland Security Secretary and a Cuban immigrant who was selected by Biden, voiced his profound sadness in the decision on Wednesday. He claimed that his organization continues to hold DACA to be “valid and lawful.”
“This ruling maintains DACA, so current DACA recipients won’t lose their safeguards against deportation. Over five million Dreamers who have made contributions to our communities will now have less security and stability as a result of this decision. The only home they have ever known is the United States, according to Mayorkas. Additionally, he slammed Congress for doing nothing, leaving Dreamers with an uncertain future while they wait for the long-term security they are due.
The Biden administration is anticipated to appeal the
In a statement on Wednesday, Ford said, “This is the latest in a long line of legal judgments that have raised questions about the future of the DACA program and its beneficiaries. I am disturbed by the decision’s short-sightedness and harm to future youngsters who make the United States their home, even while I am happy that it keeps existing DACA recipients protected.
“I’m drained, and it pains me that this battle endures,” he appended with fatigue.
Immigration lawyers in Nevada claimed that the ruling ignores solid legal justifications for the program.
DACA holder Brenda Palacios, a Guadalajara, Mexico, native who graduated from the College of Southern Nevada, said she felt “profound disappointment” as a result of
Palacios said, “I’m deeply affected by this decision.” She continued, “This is my home—I’ve been here for more than six years, I’ve studied here, and I’ve worked here. I am one of many DACA recipients who have completed their education and contributed to society. Invalidating our presence and efforts overnight is a profound betrayal.”
Texas-based District Judge Hanen initially declared the DACA program illegal, as he determined that the Obama administration failed to follow proper procedures when creating DACA through a memorandum in 2012, leading to the program’s expansion being halted in 2015.
The case eventually reached the Supreme Court, where justices maintained a deadlock on the issue, leaving Hanen’s initial ruling keeping the program in place while halting its expansion effectively intact.
Once elected, former President Donald Trump attempted to end the program, but it was allowed to continue through the courts. In 2020, the Supreme Court issued a favorable 5-4 decision, announcing that the Trump administration’s efforts to terminate the program were legally flawed.
Attorneys argue that the repeated court rulings are a clear indication that more efforts are needed to secure the program’s existence.
Palacios, who is also an organizer with Make the Road Nevada, called on the Biden administration to pass permanent security for immigrant youth and provide them with a path to citizenship.
“DACA has been through enough ups and downs to last a lifetime,” Palacios said.