US Court Declares DACA Illegal

September 18, 2023

A US District Court has declared the Deferred Action for Childhood Arrivals (DACA) program illegal, although it did not order the immediate termination of protections and work permits for nearly 580,000 DACA recipients.

The recent ruling by US District Court Judge Andrew Hanen resulted from a legal challenge by several states. The court specified that DACA protections could continue for individuals who received their initial DACA status before July 16, 2021. The ruling is likely to be appealed to the US Supreme Court, marking another chapter in the legal battles surrounding DACA.

What is the Deferred Action for Childhood Arrivals (DACA) program, and who are its beneficiaries?

DACA, established in 2012, is a program that allows undocumented immigrants who were brought to the United States as children, often referred to as “Dreamers,” to request a deferment of legal action against them and obtain work authorization. To qualify, individuals must meet certain criteria, such as arriving in the US before their 16th birthday, having a clean criminal record, and pursuing education or military service.

Why was DACA established, and what is its significance?

DACA was established under the Obama administration to address the situation of young undocumented immigrants who had grown up in the US and were often unaware of their immigration status until they applied for jobs, driver’s licenses, or college scholarships. It was designed to provide temporary relief from deportation and enable these individuals to legally work and contribute to society.

What led to the recent declaration of DACA as illegal by a US District Court?

The declaration of DACA as illegal came as a result of legal challenges by several US states, including Texas, Alabama, and Arkansas. They argued that the Obama administration lacked the authority to create the program without congressional approval and that it circumvented the legislative process. US District Court Judge Andrew Hanen ruled in their favor, declaring DACA illegal.

What are the implications of the recent court ruling for DACA recipients?

While the court declared DACA illegal, it did not immediately terminate protections and work permits for DACA recipients. Instead, it specified that individuals who received their initial DACA status before July 16, 2021, could continue to be covered by the program. This means that DACA protections remain in place for certain beneficiaries, but the situation remains uncertain.

What is the likely course of action following this ruling?

The recent court ruling is expected to be appealed, likely to the US Supreme Court. DACA has faced legal challenges before, and previous rulings have upheld its legality. The legal battle over DACA’s fate is likely to continue, and the program’s ultimate fate will depend on the outcomes of these legal proceedings.

How has DACA been a contentious political issue in the United States?

DACA has been a politically divisive issue in the US, with debates over immigration policy often falling along party lines. While DACA enjoys significant public support, it has faced legal challenges and attempts at repeal by Republican administrations. The future of DACA remains uncertain, and its fate may be influenced by both legal and political developments.

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