Federal judge deems DACA immigrant law illegal; case likely headed for Supreme Court

The Deferred Action for Childhood Arrivals program that prevents the deportation of immigrants brought to the U.S. as children was again ruled to be illegal by a federal judge on Wednesday.

A lawsuit filed by Texas and eight other states is suing to stop the DACA program, as conversations around immigration reform continue to heat up.

U.S. District Judge Andrew Hanen ruled Wednesday in their favor, arguing the policy had not been subject to public notice and comment periods that are required by the federal Administrative Procedures Act.

Hanen’s decision prohibits the government from approving new applications, but allows the program, first created by the Obama administration in 2012, to continue as the appeals process sorts itself out.

The Supreme Court is likely to hear the case in the near future, which will be the third time DACA’s fate has been weighed by the high court.

Hanen ruled DACA illegal in 2021, and the Biden administration responded by attempting to revise the policy and subject it to the public comments as part of the process that Hanen ruled necessary.

But the judge ruled the updated version was still illegal, saying it’s up to Congress to determine what the solution was for the “Dreamers” entering the country.

The states involved in bringing the lawsuit are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.

Hanen said previously these states had a right to sue, as they have been financially harmed by the DACA program through millions of dollars incurred in health care, education and other costs to support the influx of immigrants.

As of March, there were over 570,000 people enrolled in DACA, according to U.S. Citizenship and Immigration Services.

With News Wire Services