DACA Declared Illegal Again by Federal Judge, What it Means for Current and Future Recipients
DACA is once again under fire. A Texas federal judge struck down the revised policy on September 13, citing that it was illegal. United States District Judge Andrew Hanen sided with nine states that had sued to stop the program.
The first time Hanen declared the program illegal was in 2021, per PBS. In his ruling, the Texan federal judge asserts that DACA doesn’t meet the necessary requirements dictated by the federal Administrative Procedures Act, according to Axios.
The Biden administration reworked the program to adhere to the ruling. The publication cites that the new version of DACA went into effect in October 2022. PBS reports that this decision over the fate of DACA will likely send it before the U.S. Supreme Court for the third time.
The judge’s ruling maintains that current DACA recipients are still safe for the time being
What does the new ruling mean for DACA recipients? AP News reports that Hanen’s federal mandate over the program keeps the government from accepting any new applications from anyone.
In his 40-page ruling, he cites that he is “sympathetic to the predicament of DACA recipients and their families” but that there are “deficiencies” within the “legislature.” He also points out that programs like this need to be passed by Congress and not the executive branch “even to fill a void.”
While the nine Republican-led states suing to end DACA requested that it end within two years, Hanen didn’t budge. The federal judge’s decision left the status and protections of current recipients intact, per AP News.
This protection extends for the duration of the legal review currently happening. Axios cites that this will cover the “more than half a million beneficiaries” under the DACA protections.
The states petitioning for the removal of DACA are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.
Supporters of the program have not been happy about the ruling
Folks have taken to social media to discuss their feelings over the ruling. While some have shared their disappointment over DACA being under attack again, others have also shared their opposing views.
One supporter shared on X (formerly Twitter), “Yet again, conservatives are trying to end DACA—risking the futures of hundreds of thousands of young people who have known no other home. It’s cruel, it’s heartless, and we will not let them prevail. We must protect our Dreamers and provide them with a pathway to citizenship.”
Another supporter of DACA pointed out that “of the 10 states with the largest Hispanic population NM TX CA AZ NV FL CO NJ NY IL all but 2 – CO IL – have 2024 Senate races.”
“I’m so tired of being in limbo like I’m enough to pay taxes, and all these fees to the gov but not enough to stay. I’m tired of the rollercoaster,” says Berenice Camacho Martínez on TikTok.
Another TikTok user cited, “Executive orders have replaced legislation and needs to stop. Proper separation of branches would help with political divide in this country.”
In response to a message shared on X in support of DACA, one user shared, “DACA is going away for good when Trump returns. Get used to it, migrant invasion apologist.”
Another person on X shared, “It’s illegal. Stop. Just stop with your BS. You are destroying our cities with your open border and DACA was only ever meant to be temporary. Impeach!!!”
