A federal judge recently ruled that the current version of a federal policy that prevents the expulsion of thousands of immigrants can continue temporarily. U.S. District Judge Andrew Hanen, who last year declared the Deferred Action for Childhood Arrivals program illegal, stated that the policy, which is about to proceed under new regulations at the end of the month, can continue with limitations that he previously set.
Those limitations lay down the fact that there are often no new applicants for DACA and that those who are already in the program can continue to be in it and renew their applications. The current version of DACA, which the Biden administration created to enhance its chances of surviving legal scrutiny, is about to take effect Oct. 31.
Hahnen said last year that Texas and eight other Republican-leaning states could suffer financially, costing hundreds of millions of dollars in health care, education, and other costs, if immigrants stay in countries where they are allowed illegally. Declared DACA illegal after filing a lawsuit and claiming to be confronted.
They also argued that the White House exceeded its powers by granting immigration privileges that Congress had to decide on. Hanen pointed out that DACA is not subject to the public notice and comment period required under the Federal Administrative Procedure Act.
But he left the Obama-era program intact for those pending appeals who have already benefited. As of the end of March, he had 611,270 enrolled in DACA. Perales said the uncertainty of DACA’s eventual fate in court should be another signal to Congress that it must act to provide lasting protection.
Following last week’s appeals court ruling, President Joe Biden and his interest groups urge Congress to permanently protect “dreamers,” as those protected by DACA are commonly known. I made a new request. Congress has several times failed to pass a proposal called the DREAM Act to protect the recipients of DACA.
The current version of DACA, created to give the Biden administration a better chance of surviving legal review, is set to go into effect on October 31st. As per the decision by Hanen, DACA is expected to go to the Supreme Court for the third time.
In 2016, the Supreme Court blocked his expanded DACA and a version of the program for parents of DACA recipients by a 4–4 vote. In 2020, the High Court ruled 5-4, allowing the Trump administration to terminate DACA and let it stand unfairly.