Deferred Action for Childhood Arrivals ruling overview:
- Who: A Texas federal judge has ruled that the Biden administration failed to address “legal impediments” related to the Biden DACA program.
- Why: The judge ruled that a proposed Biden DACA program must be approved by Congress because the executive branch is not authorized to implement a permanent DACA-like program.
- Where: The Biden DACA lawsuit was filed in Texas federal court.
A Texas federal judge ruled that President Joe Biden’s proposed fixes to the Deferred Action for Childhood Arrivals program failed to adequately address “legal impediments,” Law360 reports.
On Sept. 13, U.S. District Judge Andrew S. Hanen ruled that the U.S. Department of Homeland Security “made no effort” to fix the defects the judge previously identified in President Barack Obama’s 2012 memorandum that initiated the DACA program.
“Here, the final rule was purposely designed to preserve the 2012 DACA Memorandum as written,” Judge Hanen wrote. “DHS has merely formalized the 2012 DACA Memorandum, a program the Fifth Circuit already found to be wanting.”
Judge Hanen noted that the Biden administration can still process DACA renewal applications and that the DHS is not required to take any deportation, immigration, or criminal action against a DACA applicant or recipient.
In 2021, Judge Hanen issued a permanent injunction barring the Biden administration from approving new DACA applications. That injunction remains in effect.
Judge says Biden DACA program must be authorized by Congress
The DACA program offered unauthorized immigrants who entered the country as children protection from deportation and work authorization. However, Judge Hanen ruled that the program violated the Administrative Procedure Act because it was not subject to the required notice and comment rules.
President Biden instructed the Secretary of Homeland Security to “take all actions he deems appropriate […] to preserve and fortify DACA,” the judge’s order notes. DHS sought to put “DACA on a stronger legal footing” by following the Administrative Procedure Act’s procedural requirements.
However, Judge Hanen found that “DHS did nothing to change or resolve the substantive problems found by this Court or the Fifth Circuit.” He says that Congress is responsible for enacting laws related to immigration and that the executive branch does not have the authority to implement a permanent DACA program.
Earlier this year, SoFi Lending settled a class action lawsuit alleging it discriminated against borrowers with Deferred Action for Childhood Arrivals or Conditional Permanent Residence status.
Do you think the judge should have allowed the Biden DACA program to take effect? Join the discussion in the comments!
The federal government is represented by James J. Walker, Brian M. Boynton, William C. Peachey and Jeffrey S. Robins of the U.S. Department of Justice’s Civil Division and Daniel D. Hu of the U.S. Attorney’s Office for the Southern District of Texas.
The Biden DACA lawsuit is State of Texas, et al. v. U.S., et al., Case No. 1:18-cv-00068, in the U.S. District Court for the Southern District of Texas.
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