Federal judge in Texas declares DACA illegal and prohibits approval of applications

The “Dreamers” receive a new attack by the decision of Judge Andrew S. Hanen.

Photo: Chip Somodevilla / Getty Images

A federal judge in Texas declared this Friday that the Deferred Action for Childhood Arrivals (DACA) It’s illegal because then-President Barack Obama exceeded his authority when he created it by executive order in 2012.

Hundreds of thousands of the so-called “Dreamers” are again faced with an uncertain future after the decision of Judge Andrew S. Hanen, of the Southern District of Texas. Hanen, however, did not order immediate cancellation of the program.

The New York Times reported that in his decision, the judge wrote that the Department of Homeland Security may continue to receive new applications and renewals, but temporarily prohibits their approval.

Obama created DACA to protect immigrants who came to the country as children from deportation. The “Dreamers” have been at the center of the immigration reform debate for years and were the target of constant attacks especially during the Donald Trump administration.

Justice Hanen, who was nominated in 2002 by George W. Bush, said in its decision that Congress had not given the Department of Homeland Security (DHS) authority to create DACA and that it prevented immigration officials from enforcing removal provisions of the Immigration and Nationality Act.

The lawsuit on the alleged illegality of DACA on which the judge decided was filed by the states of Texas, Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia, all of them states with Republican governors or attorneys general.

President Joe Biden has not spoken so far, but analysts believe that the judge’s decision limits Biden’s options for getting the support he needs in Congress to achieve his goal of giving millions of immigrants a path to legalization.

DACA has about 650,000 signed immigrants.

News in development.

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