The Biden Administration’s DACA program has been ruled illegal by a Texas federal judge. The Biden program was introduced in August 2021, following the finding that the original DACA program, introduced by the Obama administration in 2012, was not legal. Deferred Action for Childhood Arrivals (DACA) provides work authorization and protection from deportation for children brought to the U.S. under the age of 18.

In this latest ruling, the judge stated the fundamental elements of the Biden program have the same legal issues as the Obama program. The Obama program was determined to be in violation of the Administrative Procedure Act. The required period of notice-and-comment was not followed when creating DACA, as outlined in the Act. However, the Biden program did complete the formal rulemaking process.

DACA renewals can continue to be processed. The Department of Homeland Security is not required to take any action against any DACA recipient, applicant, or other person due to this ruling. New DACA filings continue to not be eligible for approval, as they have been since the permanent injunction was filed in 2021 by the same Texas judge.

Further legal action is expected.

If you have questions about DACA or any other immigration-related issue, contact us at ILBSG.

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