U.S. District Judge Andrew Hanen, based in Houston, has once again upheld a legal challenge brought by Texas and eight other states against the Deferred Action for Childhood Arrivals (DACA) program. This federal policy, designed to prevent the deportation of individuals brought to the U.S. as children, has faced legal scrutiny.
Judge Hanen’s latest ruling, which is expected to be appealed to the U.S. Supreme Court, deems a revised version of the DACA program as illegal. Notably, this marks the third time the program’s fate has come before the high court.
While Hanen has prohibited the government from approving new DACA applications, the existing recipients will continue to be covered under the program during the ongoing appeals process. Importantly, his order does not compel the federal government to take immediate action against DACA recipients.
The states pursuing this legal challenge assert that the DACA program’s initial creation in 2012, during the Obama administration, exceeded the executive branch’s authority by bypassing Congress.
In 2021, Judge Hanen ruled the program illegal on the grounds that it had not undergone the required public notice and comment periods outlined in the federal Administrative Procedures Act.
In an attempt to address Hanen’s concerns, the Biden administration introduced a new version of DACA in October 2022, following formal rule-making procedures, including public comments. Despite these efforts, Judge Hanen, appointed by then-President George W. Bush in 2002, ruled that the updated DACA program remained unlawful. He has consistently maintained that DACA’s constitutionality is questionable and has called on Congress to enact legislation for the protection of DACA beneficiaries, often referred to as “Dreamers.”
Judge Hanen previously ruled that the states had legal standing to file their lawsuit, citing harm incurred as a result of the program. The states involved in the lawsuit are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.
On the other side of the legal battle, supporters of DACA, including the federal government, the Mexican American Legal Defense and Educational Fund, and the state of New Jersey, argue that the states have not presented sufficient evidence linking the alleged costs of health care, education, and other expenses to DACA recipients. They contend that Congress has granted the Department of Homeland Security the authority to establish immigration enforcement policies.
Although Judge Hanen had previously deemed the DACA program illegal, he allowed existing beneficiaries to remain covered. However, no new applicants were permitted during the pending appeals.
As of March, there were 578,680 individuals enrolled in DACA, according to U.S. Citizenship and Immigration Services.
Over the years, the DACA program has encountered numerous legal challenges. In 2016, the Supreme Court was deadlocked in a 4-4 vote on an expanded DACA and a program for parents of DACA recipients. In 2020, the high court ruled 5-4 against the Trump administration’s attempt to end DACA, preserving the program.
In 2022, the 5th U.S. Circuit Court of Appeals in New Orleans upheld Judge Hanen’s previous ruling declaring DACA illegal but returned the case to him for review following changes made to the program by the Biden administration.
Both President Joe Biden and advocacy groups have urged Congress to pass permanent protections for “Dreamers.” However, efforts to pass legislation, such as the DREAM Act, aimed at safeguarding DACA recipients, have faced multiple obstacles in Congress.
