Democrats Erupt Over Major DACA Loss

United Way of America, CC BY-SA 4.0 , via Wikimedia Commons

( – For the second time, a federal judge has determined that the Deferred Action for Childhood Arrivals (DACA) program was unlawful. However, he did not order that the 600,000 people who continue to be in the country as “Dreamers” should be removed.

Then-President Barack Obama had crafted the program in a memo in 2012, however, it was found to be unlawful in 2021 by Federal District Court Judge Andrew Hanen. In his ruling, he pointed out that while he was “sympathetic” to the situation that the DACA recipients faced, the Court was concerned about the program’s legality.

He added that the legislature should be the one to address these deficiencies and that Congress has not yet opted to pass any DACA-like legislation.

In 2022 the Department of Homeland Security attempted to go through the formal rulemaking process in order to solidify the program. However, Hanen once again determined that the new rule did not address the issues that the court had previously criticized.

The Fifth Circuit Court of Appeals also determined that there were broader issues concerning DACA and that the policy was not consistent with the Immigration and Nationality Act which details the immigration processes.

Hanen stated that while DACA has been found to be beneficial to the U.S. and those who have received protection under the program, the DHS still failed to address the substantive problems that were discovered by the court.

The White House in their statement noted that they were disappointed in the decision and that they disagreed with the decision reached by the District Court about DACA being unlawful.

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