Federal court found DACA program illegal: what it means and what threatens - ForumDaily
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Federal court ruled the DACA program illegal: what it means and how it threatens

A federal judge in Texas ruled that the DACA program was illegal. The decision of Judge Andrew Hahnen of the Southern District of Texas has brought uncertainty to the lives of hundreds of thousands of young "dreamers" and their families. Writes about it CNN.

Photo: Shutterstock

However, for now, those currently participating in the DACA program will be allowed to remain in it, even if a judge has blocked the possibility of approving new entrants. This is what his decision means.

What is DACA

DACA was created by the Barack Obama administration in 2012.

The program offers illegal immigrants who were brought to the United States as children, protection from deportation, as well as a work permit in the United States.

To be eligible, applicants had to arrive in the United States before the age of 16 and reside there since June 15, 2007. They couldn't have been over 30 years old when the Department of Homeland Security adopted this policy in 2012. Recipients are required to renew their status every two years. The program does not provide permanent protection or a path to citizenship.

The Donald Trump administration has tried unsuccessfully to cancel the program, but President Joe Biden has pledged to strengthen it. The incumbent's administration has already taken steps to tighter DACA regulation after Hanen earlier said the Obama administration did not follow all proper administrative procedures when launching the program.

On the subject: Trump's restrictions on the DACA program completely canceled: how it works now

As of March 31st, there were 616 DACA recipients, most of whom were from Mexico.

What Judge Hanen Did

Hanen declared DACA an illegal program because he concluded that it violated the Administrative Procedures Act, which defines what procedures departments must go through to implement certain policies. Rather than immediately canceling the program entirely, he is postponing some aspects of his decision for now, as the trial continues, so the government may consider making changes to the program.

Does this mean DACA recipients will lose their jobs and be deported?

No. The decision applies to new applicants, not those already in the program. While the application freeze is in effect, recipients can renew their status, a process that occurs every two years. Recipients will continue to be protected from deportation under DACA and will be able to work legally.

Who does it affect

For new applicants. Last December, a federal judge in New York ruled that the federal government should accept new DACA applications. Since then, thousands of those eligible for the program have applied, but most are still awaiting approval due to the backlog accumulated during the COVID-19 pandemic. According to Thomas Saenz, president and general counsel of the Mexican American Foundation for Legal Defense and Education, the decision of a judge in their Texas blocks the consideration of these applications, even if they were filed before the decision was made. Latin American civil rights legal organization MALDEF represents a group of DACA recipients who advocate for the program in this case.

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What will happen next

Lawyers representing individual DACA recipients said they are in the process of evaluating the next steps. The Biden administration, as well as the state of New Jersey, can also appeal.

Complicating matters is a December New York court ruling ordering the federal government to accept new DACA filings. This ruling appears to be in conflict with Hanen's ruling barring the administration from satisfying them.

The big picture: If Hanen's ruling is appealed, it goes to the 5th Circuit, an extremely conservative US Court of Appeals.

If it gets to the Supreme Court, DACA defenders will face a conservative majority, which will include three judges who called the program illegal in disagreement with the decision in the previous case.

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In the U.S. court DACA
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