Current:Home > ScamsFederal judge again declares DACA immigration program unlawful, but allows it to continue -Infinite Edge Capital
Federal judge again declares DACA immigration program unlawful, but allows it to continue
View
Date:2025-04-16 23:44:05
Washington — A federal judge on Wednesday again declared the Deferred Action for Childhood Arrivals (DACA) immigration program unlawful, though he refrained from ordering officials to terminate deportation protections and work permits for 580,000 immigrant "Dreamers."
At the request of Republican-led states, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas ruled that a Biden administration effort to codify the DACA policy into a federal regulation was unlawful. Hanen, who was named to the bench by former Republican President George W. Bush, issued a similar ruling in 2021, when he found that the original Obama administration memo that created DACA in 2012 was illegal.
While he agreed to a request from Republican officials in Texas and eight other states to declare the Biden administration regulation illegal, Hanen did not grant another request to order a complete termination of DACA over two years. In 2021, Hanen also allowed existing DACA beneficiaries to continue renewing their two-year work permits and deportation protections, despite closing the program to new applicants.
The Biden administration is expected to appeal Wednesday's ruling and the case is likely to reach the Supreme Court. The 5th Circuit Court of Appeals, tasked with reviewing appeals of Hanen's rulings, also declared DACA illegal last year.
Since 2012, DACA has allowed hundreds of thousands of immigrants who crossed the U.S. southern border illegally or overstayed visas as children to live and work in the country without fear of deportation if they meet certain requirements. They include lacking a serious criminal record; coming to the U.S. before June 2007 and by age 16; and graduating from an American high school or serving in the military.
As of the end of March, there were 578,680 immigrants enrolled in DACA, and more than half of them lived in California, Texas, Illinois and New York, according to government data.
DACA has been at the center of the nation's contentious immigration debate since its inception 11 years ago, when former President Barack Obama announced it as a "stop-gap" measure amid congressional inaction on the issue.
While Congress has considered several bipartisan proposals to provide permanent legal status to DACA recipients and other unauthorized immigrants brought to the country as children since 2001, the bills have been caught up in broader, partisan debates over other immigration issues, such U.S. policy along the southern border.
As part of its larger crackdown on illegal and legal immigration, the Trump administration moved to terminate DACA in the fall of 2017. But the policy was kept alive by federal courts, including the Supreme Court, which in 2020 ruled that the Trump administration had not properly rescinded the program.
Hanen first ruled on DACA's legality in 2021, finding that the Obama administration did not have the legal authority to grant work permits and deportation protections to hundreds of thousands of immigrants who lacked a lawful immigration status. He closed the program to new applicants, but allowed the government to continue processing renewal requests, expressing sympathy for DACA recipients and their families.
In his order on Wednesday, Hanen said there were no "material differences" between the original 2012 DACA policy and the rule published by the Biden administration in 2022 to transform the program into a federal regulation. "As such," he wrote, "the Final Rule suffers from the same legal impediments."
Hanen kept DACA closed to new applicants, but again suspended part of his ruling to allow current DACA beneficiaries to renew their enrollment in the program, noting he was "sympathetic" to their plight. However, Hanen was critical of the Biden administration's regulation, saying the fate of DACA recipients needs to be decided by Congress, not federal courts or the president.
"Congress's alleged failure to pass, or, stated differently, its decision not to enact legislation, does not empower the Executive Branch to "legislate" on its own — specially when that "legislation" is contrary to actual existing legislation," Hanen wrote. "The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void."
In a statement Wednesday, Homeland Security Secretary Alejandro Mayorkas disputed Hanen's legal opinion, saying the ruling undermined "the security and stability of more than half a million Dreamers who have contributed to our communities."
"As the Secretary of Homeland Security who promulgated a final rule to preserve and fortify DACA last year, and as the former Director of U.S. Citizenship and Immigration Services (USCIS) who, in 2012, led the development and implementation of DACA, I am deeply disappointed by the ruling and uniquely qualified to say that DHS believes DACA is lawful and Constitutional," Mayorkas said.
White House press secretary Karine Jean-Pierre, meanwhile, said the Biden administration would "continue to defend this critical policy from legal challenges."
"We are committed to protecting all the Dreamers who have throughout their lives enriched our communities and our country, and we continue to call on Congress to provide permanent protection to the hundreds of thousands of Dreamers in the United States," Jean-Pierre added.
- In:
- Immigration
- DACA
Camilo Montoya-Galvez is the immigration reporter at CBS News. Based in Washington, he covers immigration policy and politics.
TwitterveryGood! (56)
Related
- Rylee Arnold Shares a Long
- Loudspeaker message outside NYC migrant shelter warns new arrivals they are ‘not safe here’
- The escaped prisoner Danelo Cavalcante was caught. Why the ordeal scared us so much.
- Niger’s junta released a French official held for 5 days
- John Galliano out at Maison Margiela, capping year of fashion designer musical chairs
- South Korea expresses ‘concern and regret’ over military cooperation talks between Kim and Putin
- This is where record-breaking wildfires have been occurring all over the world
- Botulism outbreak tied to sardines served in Bordeaux leaves 1 person dead and several hospitalized
- The FBI should have done more to collect intelligence before the Capitol riot, watchdog finds
- Industrial Plants in Gary and Other Environmental Justice Communities Are Highlighted as Top Emitters
Ranking
- Federal court filings allege official committed perjury in lawsuit tied to Louisiana grain terminal
- A federal judge again declares that DACA is illegal. Issue likely to be decided by US Supreme Court
- Loudspeaker message outside NYC migrant shelter warns new arrivals they are ‘not safe here’
- Applications for US jobless benefits tick up slightly
- Friday the 13th luck? 13 past Mega Millions jackpot wins in December. See top 10 lottery prizes
- New TV shows take on the hazard of Working While Black
- UFOs, little green men: Mexican lawmakers hear testimony on possible existence of extraterrestrials
- As Kim meets Putin, Ukraine strikes a Russian military shipyard and Moscow once again attacks Odesa
Recommendation
The White House is cracking down on overdraft fees
US semiconductor production is ramping up. But without STEM workforce, we'll lose the race.
Ice Spice latte hits Dunkin Donuts menus in munchkin-fueled collab with Ben Affleck
Palestinian man who fled Lebanon seeking safety in Libya was killed with his family by floods
Mets have visions of grandeur, and a dynasty, with Juan Soto as major catalyst
Rangers' Max Scherzer out for the season with injury as Texas battles for AL playoff spot
Planned Parenthood to resume offering abortions next week in Wisconsin, citing court ruling
Everleigh LaBrant Reacts to Song Like Taylor Swift Going Viral Amid Online Criticism