A federal judge in Texas on Wednesday ruled -- again -- that the federal government's DACA program is illegal.
A federal judge in Texas on Wednesday ruled -- again -- that the federal government's Deferred Action for Childhood Arrivals program is illegal, but he refrained from taking action to remove protections for the hundreds of thousands of young immigrants shielded under DACA.
U.S. District Court Judge Andrew Hanen, who issued the latest ruling, previously found DACA unlawful in 2021, leading to a protracted appeals process. An appellate court in 2022 had ordered Hanen to review the program again in light of the Biden administration's efforts to now codify the policy in administrative law, an issue which had been the basis of Hanen's original decision.
"The court clearly saw that this program is against the law through and through," Texas Attorney General Ken Paxton said in a statement after Hanen's 2021 ruling."This lawsuit was about the rule of law – not the reasoning behind any immigration policy. The district court recognized that only Congress has the authority to write immigration laws, and the president is not free to disregard those duly-enacted laws as he sees fit.
Under President Donald Trump, then-Attorney General Jeff Sessions attempted to terminate DACA in 2017, declaring the program to be unconstitutional. But the U.S. Supreme Court ruled in 2020 that the Trump administration failed to properly end the program.
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