A federal judge has declared a key Obama-era bill illegal — namely, the revised version of the Deferred Action for Childhood Arrivals program.
Judge Andrew Hanen initially declared DACA illegal in 2021, citing the lack of public notice and comment periods required under the federal Administrative Procedures Act. He also ruled that the nine states had standing to file the lawsuit due to the harm they claimed to have suffered because of the program.
DACA is a federal policy that shields thousands of immigrants brought to the U.S. as children from deportation. (Trending: TV Host Blows Trump Case Wide Open)
🚨 #BREAKING: A federal judge has declared Biden’s program for “undocumented immigrants” ILLEGAL after a legal battle with Texas and other states.
Biden had been pushing to codify Obama’s illegal DACA immigration policies, which would allow many illegals to GET PAID TAXPAYER… pic.twitter.com/CS9b9iold0
— Nick Sortor (@nicksortor) September 13, 2023
“That program is vacated, and the Department of Homeland Security (DHS) is enjoined from implementing Final Rule DACA until a further order of the Court, the Fifth Circuit Court of Appeals, or the Supreme Court of the United States,” Hanen said.
“A Final Judgment has not been entered in this case, so all matters not being addressed by an appellate court are still pending in this Court and subject to its jurisdiction,” Hanen said.
“We are deeply disappointed in today’s DACA ruling from the District Court in Southern Texas. On day one of his Administration, President Biden issued a memorandum directing the federal government to take all appropriate actions to ‘preserve and fortify’ the DACA policy.
Consistent with that directive, the Administration has defended the DACA policy from legal challenges, and issued a final rule codifying this longstanding policy. During this Administration, hundreds of thousands of DACA recipients have been able to live and work lawfully in our country without fear of deportation.”
"With respect to the notion that I can just suspend deportations through executive orders, that’s just not the case…”
—@BarackObama 3/28/11"The president can't (forgive student debt).”
—@SpeakerPelosi 7/28/21Obama did DACA. Biden canceled debt. But Trump is a “FASCIST”?!? pic.twitter.com/QTbMbgmSGA
— Larry Elder (@larryelder) September 14, 2023
“As we have long maintained, we disagree with the District Court’s conclusion that DACA is unlawful, and will continue to defend this critical policy from legal challenges. While we do so, consistent with the court’s order, DHS will continue to process renewals for current DACA recipients and DHS may continue to accept DACA applications.”
The White said it is “committed to protecting all the Dreamers” and Congress can decide “permanent protection.” (Trending: Megyn Kelly Reveals Medical Diagnosis After Getting Jab)
The U.S. Justice Department contended that the states had not demonstrated any direct injury attributable to DACA, emphasizing that Congress has granted the Department of Homeland Security both the “authority and duty to set immigration enforcement policies.”
The states argued that the updated program was essentially the same as the 2012 memo, making it “unlawful and unconstitutional.”
