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Judge Andrew Hanen’s ruling would bar future applications, but does not immediately void the current permits of hundreds of thousands of people.
The DACA, established in 2012, was intended to provide temporary reprieve to undocumented immigrants who were brought to the United States as children – a group often described as “Dreamers” – many of whom are now adults.
But nearly a decade after the program’s inception, DACA is still one of the only signs of potential relief for undocumented immigrants looking to stay and work in the United States.
Hanen, a person appointed by President George W. Bush, ruled that Congress did not grant the Department of Homeland Security the power to create the DACA and that it was preventing immigration officials from enforcing the rules. referral provisions of the Immigration and Nationality Act.
“Congress has not given the executive power free rein to grant legal presence outside the framework of the legal regime,” Hanen wrote.
Congress remains the only body that can provide a permanent solution to DACA recipients through legislation, but immigration legislation has been stuck for years.
Long legal battle
Hanen’s shocking decision on Friday afternoon is the latest dramatic twist in the nearly ten-year-old DACA program.
The Trump administration attempted to end DACA in 2017, but the United States Supreme Court blocked its attempt in June 2020.
After the Supreme Court ruling, the Trump administration then attempted to say that no new DACA applications would be accepted and that renewals would be limited to one year instead of two as part of an ongoing review. A separate federal judge rejected this and ordered the program to be reinstated.
The lawsuit was originally brought by Texas – along with Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia – which argued that the program imposed an undue burden on states and amounted to an overtaking of management. Hanen heard oral arguments in the case in December.
This story is out and will be updated.
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