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U.S. Federal Judge Again Finds Obama Administration’s Immigration Policy Illegal

Editores | 18/09/2023 20:57 | POLITICS AND THE ECONOMY

Texas federal judge Andrew S. Hanen’s decision to reject the Biden administration's latest effort to save the Deferred Action for Childhood Arrivals (DACA) immigration program has significant implications for hundreds of thousands of undocumented young adults in the United States. Hanen said the program, created by executive action by then-President Barack Obama in 2012, remains illegal because Obama exceeded his authority in establishing it, according to The New York Times.


The five-year judicial saga surrounding DACA has been marked by twists and turns, and this decision is yet another chapter. While Hanen's decision is a blow to immigrants, it does not result in an immediate end to the program. Current beneficiaries can maintain and renew their protection, but new registrations will not be allowed.


The Biden administration tried to bolster DACA’s legal position through a rule-making procedure in 2021, but that did not influence Judge Hanen's decision. The government is expected to appeal the decision to the U.S. Court of Appeals for the Fifth Circuit, and the case could end up in the Supreme Court.


DACA has benefited more than 800,000 young people since its inception, providing protection from deportation and work permits. Most beneficiaries came to the U.S. as children, with no choice of their own, and have no legal status due to illegal entry or expired visas.


The uncertainty surrounding DACA has impacted the lives of its beneficiaries, who are now in their 30s, many of them with careers, families and deep ties in the U.S. Judge Hanen’s ruling raises concerns about the future of these individuals.


“Since taking effect 11 years ago, the program has benefited more than 800,000 young people; currently, about 600,000 people are enrolled. DACA beneficiaries generally were brought to the United States as children through no choice of their own. They lack lawful status because they either entered the country without papers or overstayed their visas. The program protects them from deportation in spite of their immigration status, and allows them to receive work permits, which has enabled many of them to build careers and lives in the country”.


While national polls show bipartisan support for granting Dreamers legal status, Congress has failed to find a legislative solution to DACA, despite successive attempts since 2001. The program has faced legal challenges since former President Donald Trump's pledge to end it in 2017.


The judge’s decision represents a significant setback for DACA recipients and highlights the need for a permanent legislative solution to their plight, which has been at stake for years.

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