Federal judge declares Obama-era program shielding Dreamers from deportation illegal

A federal judge in Texas has ruled as illegal the Deferred Action for Childhood Arrivals, a program that shields migrants who came to the United States as children from deportation.

In a 77-page decision on Friday, US District Court Judge Andrew Hanen ruled that DACA is unlawful and blocked the administration of President Joe Biden from approving new applications.

While the ruling does not immediately cancel current permits for more than 600,000 DACA recipients, it does present them with a distressing legal limbo and an uncertain future.

DACA, established in 2012 by the administration of former President Barack Obama, was intended to provide temporary reprieve to the so-called Dreamers, undocumented immigrants who were brought to the US as children.

The ruling by Hanen, an appointee of former President George W. Bush, is the latest blow to DACA, which still remains one of the only legal pathways for young undocumented immigrants to stay and work in the United States.

Hanen ruled that Congress had not granted the Department of Homeland Security the authority to create DACA and that it prevented immigration officials from enforcing removal provisions of the Immigration and Nationality Act.

“Congress has not granted the Executive Branch free rein to grant lawful presence outside the ambit of the statutory scheme,” the judge wrote.

He sided with Texas and eight other states that have argued Obama had acted without due congressional authority to create DACA.

In a separate ruling on Friday, however, Hanen acknowledged that DACA was part of the Americana fabric and could not be terminated suddenly.

“Hundreds of thousands of individual DACA recipients, along with their employers, states, and loved ones, have come to rely on the DACA program,” Hanen said. “Given those interests, it is not equitable for a government program that has engendered such a significant reliance to terminate suddenly.”

Trump says DACA deal for young immigrants is off

Trump says that there will be no deal to legalize the status of young adult immigrants called Dreamers and he said the US-Mexico border is becoming more dangerous.

The Supreme Court last year blocked an effort by former President Donald Trump to strike down DACA. President Biden has directed his administration to strengthen the program.

In January, a judge blocked Biden’s attempt to impose a 100-day moratorium on deportations.

Following Friday’s ruling, congressional Democrats once again renewed their calls for action.

“Democrats call on Republicans in Congress to join us in respecting the will of the American people and the law, to ensure that Dreamers have a permanent path to citizenship,” House Speaker Nancy Pelosi said in a statement, calling Dreamers the "pride of our nation."

Rep. Joaquin Castro, a Texas Democrat said the ruling was “terrible.”

“The dreams of hundreds of thousands of young people who are contributing to the American economy will be put on hold for no good reason. Congress must pass a pathway to citizenship this year. We can't wait,” Joaquin Castro said on Twitter.

New Jersey Senator Bob Menendez tweeted that while the decision is “not a surprise,” it is “a painful reminder that we need to stop relying on temporary immigration fixes.”

“Congress must seize the moment and any and all opportunities to finally provide a pathway to legalization for millions of undocumented immigrants,” he said.

Congress remains the only body that can put the matter to rest once and for all through legislation, but efforts to that end have been stalled for years.

Others said that merely trying to save DACA was not enough, drawing attention to the harsh border policy that has seen hundreds of immigrant children go missing after being separated from their parents.

“Saving DACA wouldn't even be enough. The US is still responsible for hundreds of missing migrant children who were separated from their parents at the border, a practice which continues,” tweeted Magen Hunt, a state senator from Nebraska.

If DACA is ultimately overturned for current recipients, they will lose their work permits and protection from deportation. 

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