A federal judge in Texas (EU) rejected this Wednesday an appeal from the President’s Government, Joe Bidenand declared the program illegal again Deferred Action for Childhood Arrivals (DACA).
Judge Andrew Hanenfrom the southern district of Texastoday rejected the Democratic Administration’s attempt to register the plan in federal law in the hope of protecting it from lawsuits against it and thus benefiting the more than half a million beneficiaries of immigration protection.
The ruling, which has a high probability of being appealed again by the Biden Executive, does not order that actions be taken against people who benefit from the DACA currently, such as deporting them or invalidating their work permits.
Hanen, who in 2021 declared the initial memorandum that created the DACA program illegal, argued in the document that although he feels “sympathy” by the dreamers, as DACA recipients are known, has “problems with the legality of the program”.
“The solution“to be people”falls on the legislative branch and not on the executive or judicial branch“, the magistrate stressed in the brief.
“The initial memorandum was promulgated illegally” and according to the judge the Biden government simply tried “formalize” a program that the magistrate has already declared as irregular.
“There is no material difference” among the document that created the DACA program in 2012, under the government of the former Democratic president Barack Obama (2009-2017), and the one that was presented by the current administration last year, Hanen stressed.
From now on, the organization Mexican American Legal Defense and Education Fund (MALDEF), which intervened in the trial to defend DACA, has indicated that it will appeal today’s decision.
“From the beginning, it was clear that it would be up to the high courts, including the Supreme Court, to decide the legality of the program.“, he pointed Thomas A. SanezPresident of MALDIVES in a written statement to EFE.
For his part, the senator Dick Durbinwho tried to pass legislation in Congress to offer a path to permanent residence to DACA recipients, also rejected Hanen’s decision and asked his colleagues to take measures to protect migrants.
“It’s time for Congress to step up and fulfill our responsibility to dreamers once and for all“the Democrat wrote in a statement.
This judicial battle, which is based on a lawsuit filed by 8 states with Republican governments, has dragged on for years and is now likely to reach the Supreme Court.
DACA has allowed more than half a million migrants who came to the US as minors to remain in the US without fear of deportation and work legally.
Activist groups have asked Congress to take action to provide a permanent solution to the “dreamers”, ensuring that it is a matter of time before the courts decide to definitively end the program.
DACA was launched by the Obama Administration as a temporary measure, but its successor in the White Housethe republican Donald Trump (2017-2021), decided in the first year of his mandate to end it, which triggered a domino effect of lawsuits and countersuits in courts that led to the current situation.