On Friday, a federal judge in Texas ruled that the Obama-era DACA program was illegal. The ruling has prompted immigrants and advocates alike, to pressure Democrats to enact legislation to protect the program.

Created in 2012 by the Obama Administration, DACA has prevented the deportation of thousands of children brought to the United States unlawfully. Since its birth, the program has received continuous criticism and backlash, particularly from Republican lawmakers. In 2017, the Trump administration announced its actions to end DACA. However, that was countered in a Supreme Court ruling in 2020, which stated the administration had not ended the program properly.

On Friday, federal Texas Judge, Andrew Hanen declared the DACA program to be illegal, which bars the government from approving new applications. However, the program will be left intact for current and existing recipients. Judge Hanen stated, “the states proved the hardship that the continued operation of DACA has inflicted on them.” He further substantiated his ruling by saying, “the government has no legitimate interest in the continuation of an illegally implemented program.”

Texas is not a ‘lone star’ on this issue, as Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia have also sued on the basis of DACA’s legality. These states are either run by Republican governors or state attorney generals. They have argued that DACA is illegal, as it did not reach the floors of Congress, and that the program drains the state’s educational and healthcare resources.

Advocates and immigrants have urged Congressional Democrats to codify the program promptly, calling Friday’s ruling a “blaring siren.” Gresia Martinez Rosas, Executive Director of United We Dream, stated that Congressional Democrats would be solely to blame if legislative reform does not happen. DACA supporters have said a law passed by Congress is the only way to ensure permanent relief to migrant children.

The Biden Administration has proposed legislation that would provide a pathway to citizenship for nearly 11 million unlawful migrants living in the United States. He has also urged executive agencies to take actions that would preserve DACA. House Democrats passed legislation in March 2022, which created a pathway for Dreamers to citizenship. However, the bill was curtailed in the Senate.

Judge Hanen’s decision will affect the protection of about 650,000 people. According to the Center for American Progress, approximately 254, 000 children living in the U.S. have at least one parent who relies on DACA.

Plaintiffs of the case have vowed to appeal the decision, as Democrats continue to face pressure to act.

If you have questions about DACA or any other immigration-related issue, contact us at ILBSG. Our experienced attorneys work closely with our clients to ensure they get the right advice for their particular situations.

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