Pres. Joe Biden's Administration Ordered by Texas Judge To Stop Granting New DACA Applications

A federal judge in Texas has ordered the administration of President Joe Biden to stop granting new applications to the Deferred Action for Childhood Arrivals (DACA) program.

Issued on Friday, July 16, the order stated that DACA was created in violation of the law and "whose existence violates the law." But Texas Judge Andrew Hanen noted that current recipients would not immediately have their status pulled as a result of the order, CNBC News reported.

Former President Donald Trump had sought to end DACA during his term. However, his effort was blocked by the Supreme Court in 2020. In a 5-4 ruling, the high court noted that Trump's order to end the program gradually was unlawfully "arbitrary and capricious."

The Texas judge order has barred the involved agencies from administering and reimplementing the DACA program without compliance with another law that governs federal regulatory procedure.

Hanen reportedly found that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) in creating the policy that was also implemented unlawfully, Fox News reported.

Hanen also found that the DHS's interpretation of laws was "overly broad," and those statutes did not carry the authority for the federal government to institute the program.

The Texas judge added that DACA would grant lawful presence and work authorization to more than one million people for whom Congress had made no provision and has consistently denied to make such a provision.

The lawsuit was brought by a coalition of states led by Texas. They argued that the policy violated the Constitution and the APA. Joe Biden, the White House, and the DHS have yet to comment on the matter.

Texas Judge Stops DACA Under the Administration of Joe Biden

According to NPR, Texas Attorney General Ken Paxton lauded the ruling, saying that he had defeated the administration of Joe Biden once again on illegal immigration.

On the other hand, Omar Jadwat, director of the ACLU's Immigrants' Rights Project, said the ruling is wrong and is subject to appeal.

In a statement, Jadwat noted that Dreamers' futures should not be in the hands of the courts. Jadwat called on Congress to act now through the budget reconciliation process.

Director of federal advocacy at the National Immigration Law Center, Avideh Moussavian, told NPR that the decision would have a huge impact on tens of thousands of young people applying for DACA for the first time and those waiting for adjudication.

Moussavian said the American public had always expressed support for laws providing a pathway to citizenship.

In March, the Mexican American Legal Defense and Educational Fund wrote a memo and said that such a ruling would likely not quickly stop the DACA program.

DACA Eligibility Requirements

The administration of former president Barack Obama implemented DACA in 2012. The program enables certain young immigrants who came to the U.S. illegally as children to live and work in a span of two years. The two-year period is subject to renewal under the program.

Individuals should be under 31 years of age as of June 15, 2012, and came to the U.S. before the age of 16. They must also have continuously resided in the country since June 2007 to be eligible. They must also be either a current student, high school graduate, or GED holder.

A Pew Research Center survey found in 2020 that 74 percent of Americans favor a law that would grant legal status to immigrant children who came to the U.S. illegally.

This article is owned by Latin Post

Written by: Mary Webber

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