A federal judge in Texas, on Wednesday, declared unconstitutional President Biden’s version of the Obama-era program that aimed to protect young immigrants from deportation, stating that the new iteration is not significantly different from the previously canceled programs.
According to federal statistics, more than 11,000 Nevada residents benefit from the Deferred Action for Childhood Arrivals (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, Texas-based U.S. District Judge Andrew Hanen, acting on a lawsuit brought by a group of Republican-led states, challenged the program in court.
On Wednesday, Hanen, in agreement with Texas and eight other states, declared the program unlawful, echoing his past rulings against the program’s previous versions. However, Hanen did not immediately terminate the program.
While this decision preserves DACA security for current beneficiaries, it blocks prospective applicants from applying. According to U.S. Citizenship and Immigration Services data, an estimated 95,000 applicants have been blocked due to previous court orders that halted the acceptance of new applicants.
According to FWD.us research, another estimated 400,000 eligible undocumented youth who meet DACA qualifications are unable to fulfill the necessary requirements because they recently arrived in the United States.
Texas’s judge’s decision likely sets DACA on a direct path to the Supreme Court, where attorneys and legal experts argue that a conservative majority could potentially declare the entire program illegal.
For over a decade, DACA has faced numerous legal challenges, leaving nearly 579,000 undocumented youths in legal limbo at the national level, without a clear path to citizenship.
Alejandro Mayorkas, the Secretary of Homeland Security, appointed by President Biden, expressed deep disappointment with Wednesday’s ruling, emphasizing that his agency still believes DACA is valid and constitutional.
“This ruling keeps DACA in place, meaning current DACA recipients will not lose their security from deportation. But this decision weakens the security and stability of more than five million Dreamers who have contributed to our communities. The United States is the only home they know. Congress has failed to act, and now Dreamers are facing an uncertain future they do not deserve,” Mayorkas said.
It is hoped that the Biden administration will appeal the decision to the 5th U.S. Circuit Court of Appeals, which last year declared the DACA program illegal. Nevada Attorney General Aaron Ford pledged to continue efforts to protect the DACA program.
Ford said in a statement on Wednesday, “This is just the latest in a long series of legal decisions that have cast doubt on the future of DACA recipients and the program. While I am relieved that this decision allows current DACA recipients to remain protected, I am deeply disappointed by the short-sighted and harmful decision that leaves the security and stability of future youth uncertain. The fight continues.”
Texas District Judge Hanen initially deemed the DACA program illegal in its early days, as he determined that the Obama administration failed to follow proper rulemaking procedures when creating the program via a 2012 memorandum, effectively blocking its expansion in 2015.
The case ultimately reached the Supreme Court, where justices maintained a standstill on the issue, upholding Hanen’s ruling to keep the original program intact while blocking its expansion. After an election-year battle, former President Donald Trump attempted to end the program, but it was kept alive through the courts. In 2020, the Supreme Court issued a favorable 5-4 ruling, announcing that Trump administration officials’ efforts to terminate the program were procedurally flawed.
Legal experts argue that these repeated court rulings underscore the need for more comprehensive immigration reforms to secure the program’s existence.
Brenda Palos, a DACA recipient and organizer with Make the Road Nevada, expressed “deep disappointment” with Wednesday’s ruling. She called on the Biden administration to pass permanent protection and a pathway to citizenship for undocumented youth.
“I’m feeling a range of emotions,” Palos said. “This is my home – I’ve been here for more than six years, I’ve studied here, I’ve worked here. I’m one of many DACA recipients who have completed our education and contributed to society. Invalidating our presence and efforts overnight is a profound betrayal.”
Texas District Judge Hanen initially declared the DACA program illegal because he believed that the Obama administration had failed to follow proper rulemaking procedures when creating the program via a 2012 memorandum. This effectively blocked its expansion in 2015.
The case eventually made its way to the Supreme Court, where justices maintained the status quo by upholding Hanen’s ruling to keep the original program in place while preventing its expansion. After the 2020 election, former President Donald Trump made efforts to terminate the program, but it survived through legal challenges. In 2020, the Supreme Court issued a favorable 5-4 ruling, declaring that Trump administration officials’ attempts to end the program were procedurally flawed.
Legal experts argue that these repeated court rulings highlight the urgent need for comprehensive immigration reform to secure the program’s long-term existence.
Brenda Palos, a DACA recipient and organizer with Make the Road Nevada, expressed “deep disappointment” with Wednesday’s ruling. She called on the Biden administration to pass permanent protections and provide a pathway to citizenship for undocumented youth.
“I’m feeling a range of emotions,” Palos said. “This is my home – I’ve been here for more than six years, I’ve studied here, I’ve worked here. I’m one of many DACA recipients who have completed our education and contributed to society. Invalidating our presence and efforts overnight is a profound betrayal.”