Federal Judge Declares DACA Programme Illegal Once More
Judge Andrew Hanen ruled that it was illegal to try to keep the Obama-era programme and codify it into a federal regulation.
A federal judge rejected a new version of the policy that has shielded hundreds of thousands of young people from deportation on Wednesday and once more declared the Deferred Action for Childhood Arrivals (DACA) programme to be illegal.
Recent efforts by the Biden administration to keep the Obama-era programme alive and codify it into a federal regulation were ruled to be unlawful by Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas. Hanen, who has previously ruled against DACA, stated in his decision that new applicants would still not be permitted to participate in the programme, at least for the time being.
Although sympathetic to the plight of DACA recipients and their families, Hanen noted that the court had previously voiced its doubts regarding the program’s legitimacy. “The executive branch cannot usurp the powers given to Congress by the Constitution, even to fill a vacuum.”
The Biden administration expressed its “deep disappointment” with the decision in a statement on Wednesday night.
White House Press Secretary Karine Jean-Pierre said: As we have said many times before, we disagree with the district court’s ruling that DACA is illegal and will continue to fight for DACA to protect this important policy from legal attack. continue.
The seven Republican-leaning states that have filed a lawsuit to stop DACA contend that the enhanced programme was administered illegally and amounted to an executive overreach. They claim that because immigrants who entered the nation illegally were allowed to remain there, they continue to suffer financial damages.
Certain young individuals who were brought to the United States illegally as children are protected from deportation under the DACA programme, which was launched by the Obama administration in 2012.
Judge Hanen found that DACA was illegal in 2021 because it wasn’t developed via the official agency rulemaking procedure.
The Biden administration took action to strengthen and protect the DACA programme and its participants last year in response to continued legal challenges by publishing the final version of a rule intended to codify it.
Experts believe the case will eventually reach US number Supreme Court since the Biden administration will almost surely appeal the judgement.
Boundless has put up a selection of instructions and practical materials regarding the programme if you’re interested in learning more.
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