Federal Court Challenges Obama-era DACA Policy Protections

(UnitedHeadlines.com) – On Sept. 13, a federal judge ruled that former President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) policy that protected children of illegal migrants brought into the United States violated federal law.

For migrants who were brought into the country illegally as children, known as “Dreamers,” the policy halted deportations as well as granted work permits. The DACA program was created by an executive order.

Current DACA recipients are not affected by the latest ruling. However, the Sept. 13 ruling bars the approval of new applications by the government.

In the ruling, Southern District of Texas Judge Andrew Hanen wrote that “The power bestowed on Congress by the Constitution” can’t be usurped by “the executive branch.” Appointed by former President George W. Bush, Hanen wrote in the ruling that the DACA program violates the Administrative Procedure Act.

In 2017, former President Donald Trump ended the program. However, in 2020 the Supreme Court ruled 5-4 that laws were not followed when he ended the program. In 2021, Hanen also ruled the DACA policy unlawful which led to appeals of the decision that landed the issue in his court again.

In 2022, the Biden administration announced a rule that would preserve the program by codifying the policy into a federal regulation. Hanen was asked to block the rule by nine states in January.

As of the end of March, 578,680 immigrants were enrolled in DACA.

People who did not make the choice to enter the country or who have no real connection to their home country are helped by the DACA policy, according to supporters of the policy. Those who oppose the policy say that taxpayers are forced to pay the cost of social services for people who are illegally in the country.

The Biden administration is expected to appeal the decision. The case is expected to eventually be decided by the U.S. Supreme Court.

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