U.S. District Judge Andrew S. Hanen ruled that the Biden Administration's version of the Deferred Action for Childhood Arrivals (DACA) program is equally illegal. The ruling, which will be appealed by the Executive, blocks any new applications, but maintains the program for current beneficiaries for the duration of the appeals process, which is expected to reach the Supreme Court. White House spokeswoman, Karine Jean-Pierre, and Homeland Security Secretary, Alejandro Mayorkas, expressed regret over the decision and reiterated their commitment to "protecting all Dreamers."
My statement on the U.S. District Court Ruling on #DACA ⤵️ pic.twitter.com/qcsul5RgRR
— Secretary Alejandro Mayorkas (@SecMayorkas) September 14, 2023
Criticism of the Biden Administration for exceeding its powers
Hansen, of the U.S. District Court for the Southern District of Texas, reiterated that the Obama-era federal policy is illegal and should have emanated from Congress, not just the Biden Administration. Even though the 2022 version "may have used somewhat different wording in some places, the substantive parts are materially the same as the 2012 DACA Memorandum," the judgment reads. The judge is especially harsh with the actions of the Department of Mayorkas, which he accuses of exceeding its powers:
DHS has a somewhat skewed view of its power to act when Congress has not. It seems to suggest that he has the power to do what Congress has rejected, despite having no legislative or constitutional authority.
It does not force to take action against the 'Dreamers'
However, the ruling does not require immediate action against current DACA recipients , nor does it order its closure within a period of two years as requested by Texas and eight other states that denounced the program reissued by the Executive.
The nine plaintiff territories pointed out that this new version of DACA, like its predecessor, approved by Barack Obama in 2012, is "substantially illegal" for the same reasons. The main argument of the lawsuit is that President Joe Biden, like Obama did in 2012, overreached by renewing it in 2022, bypassing Congress. They also called for the closure of the program in two years, citing the hundreds of millions of dollars they must assume in health care and education to serve the beneficiaries.
The Biden Administration announces that it will appeal and that it will continue to accept applications
Currently, 578,000 Dreamers are registered in the program. DACA protects them from deportation for renewable two-year periods, in addition to offering them medical care, education, work permit and the possibility of obtaining a driver's license.
The White House and the secretary of Homeland Security expressed their "deep disappointment" with the ruling and announced that they will appeal it. In a statement, Jean-Pierre assures that DHS "can continue to accept DACA applications" and announced that from the Biden Administration "we continue to ask Congress to provide permanent protection to the hundreds of thousands of Dreamers in the United States."
