Texas federal judge bars new DACA applicants

Axios

07-17-2021

A federal judge ruled on Friday that President Barack Obama did not have the legal authority to create the Deferred Action for Childhood Arrivals (DACA) program, which offers protection from deportation for immigrants brought to the U.S. illegally as children. Why it matters: The U.S. District Court for the Southern District of Texas ordered the Biden administration to cease approving new DACA applications but specified that the decision would not affect current recipients for now. This order developed out of a challenge to the program filed by the attorneys general for nine Republican-led states, including Texas, who argued that DACA was improperly adopted and financially burdened them by making them pay for DACA recipients' education and health care. What they're saying: U.S. District Judge Andrew Hanen held that the creation of the program violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations. What's next: The case is likely to be appealed to the U.S. 5th Circuit Court of Appeals.

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BUZZFEED - A Federal Judge Has Blocked New DACA Applicants From Deportation Protections
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A federal judge in Texas on Friday ordered the Biden administration to halt a program that shields undocumented immigrants brought to the United States as children from deportation. Then in December, a federal judge ordered the Trump administration to begin accepting new applications for DACA, fully restoring the Obama-era program. The program not only protected undocumented immigrants from deportation, but also gave them permission to work. Hanen didn't issue an order on current DACA recipients, pending a further order from the court or expected appeals. "Today makes absolutely clear: only a permanent legislative solution passed by Congress will eliminate the fear and uncertainty that DACA recipients have been forced to live with for years."

ABC NEWS - Judge rules Obama-era DACA immigration program illegal
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A federal judge in Texas ruled Friday that the Deferred Action for Childhood Arrivals, or DACA, program was unlawful in a significant blow to the Obama-era approach that shielded young people brought to the country illegally from deportation. U.S. District Court Judge Andrew Hanen sided with a group of nine states led by Texas and concluded that the creation of the DACA program violated federal administrative law. Hanen emphasized in his decision that his ruling does not compel immigration authorities to arrest and deport recipients, but it does make them eligible. The DACA program has maintained bipartisan political support even as Republican-led states have moved to end it. The ruling also ramps up pressure on Biden to achieve a legislative victory for DACA recipients, possibly through the reconciliation process.

REUTERS - U.S. judge rules DACA program illegal, suspends new applications
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U.S. District Judge Andrew Hanen sided with a group of states suing to end the Deferred Action for Childhood Arrivals (DACA) program, arguing that it was illegally created by former President Barack Obama in 2012. He said the government could continue to receive new applications to the program, as ordered by a federal judge in a separate case, but that it could not approve them. Homeland Security Secretary Alejandro Mayorkas said in March that his department would issue a formal regulation to strengthen the legal standing of the DACA program, but the agency has yet to do so. The Obama administration issued a memo creating the DACA program after a bipartisan immigration reform bill called the DREAM Act failed to pass Congress. Even though the ruling protects DACA holders for now, the prospect of future court proceedings creates more uncertainty for the group.

DAILY CALLER - Texas Judge Bans New DACA Applications, Says Program Was Created Illegally
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A Texas federal judge blocked new Deferred Action for Childhood Arrivals (DACA) applications in a Friday court decision. In 2018, seven states, including Texas, South Carolina and Alabama, filed a lawsuit in federal court striving to end the program, the Center of American Progress reported. U.S. District Judge Andrew Hanen sided with the states arguing that the Obama-era program violates the Administrative Procedure Act (APA), according to Reuters. “Hundreds of thousands of individual DACA recipients, along with their employers, states, and loved ones, have come to rely on the DACA program. President Joe Biden, who served as vice president under Obama during the passage of DACA, asked Congress to pass the U.S.