US judge: DACA plan for “dreamer” immigrants is illegal | Immigration News
The ruling prevented new applicants, saying the plan was illegally created by former President Obama.
U.S. Commonwealth judge Texas blocked a new application for a program to protect immigrants brought to the United States as children from deportation, but said the hundreds of thousands of people already registered would not be affected until further court rulings.
On Friday, U.S. District Judge Andrew Hanen supported a group of states suing to terminate the deferred return of child entry (DACA) program, saying that the program was illegally formulated by former President Barack Obama in 2012.
Hanen found that the plan was in violation of the Administrative Procedure Act (APA) when it was created, but said that because there are currently too many people participating in the plan—nearly 650,000 people—his ruling will be put on hold until the court decides on the case Further ruling.
“To be clear,” the judge said, the order does not require the government to “take any immigration, deportation, or criminal action against any DACA recipient.” Democratic President Joe Biden, who was vice president when Obama created the program, said that he hopes to create a permanent path to citizenship for DACA recipients, called “dreamer“.
Biden issued a memo on his first day in office director His Secretary of Homeland Security took “all actions he deems appropriate” to “protect and strengthen” the plan, and former President Donald Trump tried to end the plan.
The U.S. Supreme Court blocked Trump’s application to terminate DACA last year, saying that his government did so in an “arbitrary and capricious” manner.
Hanan’s decision limits Biden’s direct capabilities, and Biden promised to protect DACA during the campaign to keep the plan or something similar in place. His ruling was the second time that a Texas federal judge blocked Biden’s immigration plan after the court barred most deportations from enforcing Biden’s 100-day residency.
Biden has proposed legislation to provide an estimated 11 million people living in the United States without authorization with access to citizenship. He also ordered agencies to work hard to protect the plan.
Supporters of DACA, including those arguing about saving it before Hanen, say that the law passed by Congress is necessary to provide permanent relief. Haning has stated that if the United States wants to provide DACA protections to recipients, Congress must take action.
The states argued that Obama never had the power to make a plan such as DACA in 2012 because it bypassed Congress. The states also argued that the plan exhausted their educational and medical resources.
Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia are also suing along with Texas – all of these states have Republican governors. Or the State Attorney General.
The Mexican-American Legal Defense and Education Fund and the New Jersey Attorney General’s Office defended the plan on behalf of a group of DACA recipients. They argued that Obama had the right to establish DACA and the states lacked the eligibility to prosecute because they no longer have the right to prosecute. And suffer any harm.
Although DACA is often described as a program for young immigrants, many recipients have lived in the United States for 10 years or more after being brought into the United States without permission or overstaying. The Center for Progressive Freedom of the United States says that about 254,000 children have at least one parent who is dependent on DACA. Some recipients are grandparents.
The US Supreme Court previously ruled that Trump’s attempt to terminate DACA in 2017 was illegal. In December of last year, a New York judge ordered the Trump administration to resume Obama’s plan.