Texas Federal Judge Rules DACA Program Unlawful

A Texas federal judge recently ruled that the president's attempt to codify the Deferred Action for Childhood Arrivals Act (DACA) was unlawful.

DACA is a program started in 2012 that allows immigrants brought to America as children, whose stay is deemed unlawful, to receive a two-year deferment on deportation.

U.S. District Judge Andrew Hanen ruled that President Joe Biden's (D) attempt illegally oversteps Congressional power.

Despite the judge's ruling, he emphasized that he would not order anyone to be arrested or deported based on the outcome of the case.

Furthermore, the judge denied Republicans' requests for the program's termination.

Over the years, the bill has faced several challenges. In 2015, the Supreme Court of the United States (SCOTUS) blocked expansion on the bill. Later, in 2020, SCOTUS ruled against Trump officials who tried to tear DACA apart.

Earlier in the year, Texas Representatives Sylvia Garcia (D) and Veronica Escobar (D) continued to push for The American Dream and Promise Act.

This bill directs the Department of Homeland Security (DHS) to cancel removal and grant lawful permanent resident status on a conditional basis to certain non-U.S. nationals (aliens under federal law) who initially entered the United States as minors (younger than 18 years of age).

The bill’s summary also states that it must provide protection for an individual who is inadmissible, is deportable, or has temporary protected status; has been continuously physically present in the United States for four years preceding this bill's enactment; is not inadmissible on various grounds such as those related to crime or security; and has fulfilled specified educational requirements.

Moreover, DHS must also do so for an individual who was granted DACA status unless the individual has engaged in conduct that would make the individual ineligible for DACA

Furthermore, “DHS shall remove the conditional basis of the lawful permanent resident status granted under this bill if the individual meets various requirements, such as maintaining residence in the United States, and acquiring a degree from an institution of higher education or serving in the uniformed services.”

DHS may not disclose or use information provided in applications filed under this bill or in DACA requests for immigration enforcement purposes.

By repealing a previous restriction, the bill also makes sure that undocumented aliens are able to receive higher education.

The fight to protect immigrants in America is complex and faces a tough balance of legality and ethical practices.