Judge’s decision likely to be appealed, potentially reaching the Supreme Court

A federal judge in Texas has issued a ruling declaring an Obama-era immigration policy known as DACA (Deferred Action for Childhood Arrivals) to be in violation of federal law. The decision represents another legal setback for “Dreamers,” young undocumented immigrants brought to the United States as children, and is expected to be appealed by the Biden administration, with the possibility of the case ultimately reaching the Supreme Court.

DACA, created over a decade ago by former President Barack Obama, aimed to halt deportations and provide work permits to certain immigrants who had entered the country illegally as children, commonly referred to as “Dreamers.” The program, enacted through executive action, has been a subject of ongoing legal battles.

While the recent ruling does not mandate immediate action against existing DACA recipients, it would prevent the approval of new applications for the program. This development could elevate immigration as a prominent political issue leading up to the 2024 election.

Supporters of DACA, including President Joe Biden, argue that the policy offers assistance to individuals who had no choice in entering the United States and have limited ties to their countries of origin. Critics, including the states that challenged DACA in court, contend that it burdens taxpayers by providing social services to individuals residing in the country unlawfully.

In his Wednesday ruling, Judge Andrew Hanen stated, “Congress, for any number of reasons, has decided not to pass DACA-like legislation. The executive branch cannot usurp the power bestowed on Congress by the Constitution − even to fill a void.” Hanen, who was appointed by President George W. Bush, previously ruled against the program in 2021, leading to an appeals process that returned the case to his court.

The National Immigration Law Center’s President, Kica Matos, expressed disappointment in the court’s decision, saying, “While expected, today’s court ruling is devastating. It impacts hundreds of thousands of immigrant youth and their loved ones, who have already endured years of uncertainty stemming from politicized attacks on DACA.” The Justice Department declined to comment.

By 2018, it was estimated that over 814,000 individuals had benefited from the DACA policy. Former President Donald Trump had terminated the program in 2017, but in a subsequent Supreme Court ruling in 2020, a 5-4 majority found that Trump had not followed proper legal procedures in ending DACA, allowing the policy to continue.

However, the composition of the Supreme Court has shifted since that ruling, with conservatives now holding a 6-3 majority. Four conservative justices have expressed reservations about DACA, with Justice Clarence Thomas previously stating that he believed the policy to be unlawful, supported by Justices Samuel Alito and Neil Gorsuch. Justice Brett Kavanaugh, in a separate opinion, criticized Chief Justice John Roberts’ decision for perpetuating legal uncertainty surrounding DACA’s status.