A federal judge issued a ruling on Wednesday deeming a revised federal policy, which aimed to prevent the deportation of hundreds of thousands of immigrants brought to the U.S. as children, as illegal.
Childhood Arrivals
U.S. District Judge Andrew Hanen sided with Texas and eight other states that had filed a lawsuit seeking to halt the Deferred Action for Childhood Arrivals (DACA) program.
This decision is likely to be appealed, potentially leading to a third consideration of DACA by the U.S. Supreme Court.
Judge Hanen’s ruling prevents the government from accepting new DACA applications but maintains the program for existing recipients during the anticipated appeals process.
Undoing Obama’s Legacy
Importantly, Hanen clarified that his order does not require the federal government to take any actions against current DACA recipients.
The lawsuit brought by the states contends that the Obama administration overstepped its authority in establishing the program in 2012, bypassing Congress.
In 2021, Hanen previously declared DACA illegal, citing its failure to undergo the public notice and comment periods mandated by the federal Administrative Procedures Act.
Unconstitutional
In response to Hanen’s concerns, the Biden administration introduced a revised version of DACA in October 2022, which underwent public comments as part of a formal rule-making process.
Nevertheless, Hanen, appointed by President George W. Bush in 2002, deemed the updated DACA still illegal and reiterated his stance that DACA was unconstitutional.
He maintained that it was Congress’s responsibility to enact legislation to protect individuals under the program, often referred to as “Dreamers.”
Suffering Financial Harm
Previously, Hanen had ruled that the states had the standing to bring their lawsuit because they had suffered financial harm due to the program, incurring costs related to healthcare, education, and other expenses when immigrants remained in the country illegally.
The states involved in the lawsuit are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.
In defense of the program, the federal government, the Mexican-American Legal Defense and Educational Fund, and the state of New Jersey argued that the states failed to provide evidence linking the alleged costs to DACA recipients.
Who Holds the Authority?
They also contended that Congress had granted the Department of Homeland Security the legal authority to establish immigration enforcement policies.
Although Hanen had previously declared DACA illegal, he had allowed the program to continue for existing beneficiaries but prohibited new applicants during the appeals process.
As of the end of March, there were 578,680 people enrolled in DACA, according to U.S. Citizenship and Immigration Services.
Further Legal Challenges
DACA has faced numerous legal challenges over the years, including a 2016 Supreme Court deadlock over an expanded DACA and a related program for parents of DACA recipients.
In 2020, the Supreme Court ruled 5-4 that the Trump administration’s attempt to end DACA was improper, allowing the program to continue.
President Joe Biden and advocacy groups have called on Congress to pass permanent protections for “Dreamers.”
Congress has repeatedly failed to pass legislation such as the DREAM Act aimed at safeguarding DACA recipients.
What do you think? Let us know in the comments!
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The post Thousands of Children of Illegal Immigrants May Be Deported: US Supreme Court Decides Fate of “Dreamers” first appeared on Thrifty Guardian.
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I think that the ones that have been here since the program started should be allowed to stay because they are already established here by having a good job and they have made this their home.
I very much AGREE, Cathie! The kids are not responsible for their parents’ actions, while not legal but were intended from LOVE so their children could have better opportunities they would probably never get otherwise. It would be egregious to send them “back” to where they were not really from! Placing a stop on future would-be Dreamers might be Ok. It’s a tough situation when one is born into poverty/war-torn/hopelessness!
to many crossing our borders , bot all are bad but still hate america an dont go by laws here dont care about our laws here , mecico has no garbage pickup so trash just thrown wherever , no send back come here legally
Absolutely NO Birthright Citizenship. That is total nonsense and needs erased and amended. ALL illegals need to be deported immediately. Trespassing ILLEGALLY is Criminal and every one in the family needs to be deported back to their own country.
I believe that all DACA be deported, and all other Illegal Immigrants be deported,
Why should the United States make exceptions for lawbreakers. We have those laws for a reason. I believe the United States should tax all money being sent back to these countries by these illegals at 50%. to help offset the costs of the communities where they have spent thousands of dollars to provide housing, food and health care for these illegals.
I feel that DACA that are here and contributing to society and working should stay. We invested in them and educated them and hopefully are working paying taxes should stay. They are an asset. The one’s that are a drain on the taxpayers, not working but living on aide should be removed.
I think that illegal immigrants should need to be deported if not coming in the US by the right channels but for the ones that crossed and entered illegally claiming asylum. be detained and hirer enough judges to have court with in 2 weeks and not released into the country with a court date years down the road. asylum seekers need only go to the next country. once they get denied that would get word back and stop the flow. IF they can pay money to the drug cartels they can pay for a place to stay and tax payers should not have to flip the bill. but for the dreamers if they are supporting there selves paying taxes then lets not deport them only the ones that are committing crimes and not trying to live off the government {we the people}
Well, let’s look first at the jurisdiction of the Court for their adopting the BAR as the official arm of the Court. Congress decides the make-up of the courts, not the court. And to utilize the lawyers and Judges as weapons against the people is “just not right”.
Let’s start by correcting some of the missteps of the Court and their self-granted authority to bring all the lawyers into the fold of the Supreme Court by sidestepping Congress’ authority.
The US Constitution must prevail in all cases. It is all up the Supreme Court to decide. That is their job. .