Federal Judge Declares DACA Unlawful: What It Means and What's Next

  Federal Judge Declares DACA Unlawful: What It Means and What's Next

 

 

Introduction

In a recent legal development, a federal judge has once again declared the Deferred Action for Childhood Arrivals (DACA) program illegal. This decision has sent shockwaves through the immigrant community and immigration reform advocates, as DACA has been a lifeline for hundreds of thousands of young immigrants in the United States. In this article, we will delve into the judge's ruling, its implications, and the potential paths forward for DACA recipients.

Understanding DACA

The Deferred Action for Childhood Arrivals (DACA) program was established in 2012 under the Obama administration to provide temporary relief from deportation to certain undocumented immigrants who arrived in the United States as children. DACA recipients, often referred to as "Dreamers," were granted the opportunity to work legally and obtain driver's licenses, enabling them to contribute to American society without the constant fear of deportation.

The Legal Battle

The legality of DACA has been a contentious issue since its inception. While the program has faced several legal challenges over the years, it has also received strong support from various quarters, including advocacy groups, businesses, and even some politicians.

However, on several occasions, federal judges have ruled against DACA, arguing that it was implemented without proper legal authority. The most recent ruling, issued by U.S. District Judge Andrew Hanen in July 2021, reasserted this position. Judge Hanen argued that the Obama administration bypassed the appropriate rulemaking procedures when creating DACA, rendering it unlawful.

The Recent Ruling

Judge Hanen's recent ruling reiterates his previous stance on DACA. He reaffirmed that the program is illegal and that the Department of Homeland Security (DHS) should not accept new DACA applications. While the ruling did not immediately terminate existing DACA grants, it placed a cloud of uncertainty over the program's future.

Implications for DACA Recipients

The latest ruling has left DACA recipients in a state of limbo. While their current protections remain in place, they are now unable to apply for DACA benefits if they were not already enrolled in the program. This situation has left many Dreamers anxious about their future in the United States.

One significant concern is the fear of deportation. DACA has provided a reprieve from removal proceedings for recipients, allowing them to work and build lives in the United States. If DACA were to be terminated, these individuals would once again be at risk of deportation to countries they may barely remember.

Potential Paths Forward

Despite the legal challenges, there remains hope for DACA recipients and advocates of immigration reform. Several potential paths forward exist:

1. Congressional Action: One enduring solution would be for Congress to pass comprehensive immigration reform that includes a pathway to citizenship for Dreamers. The House of Representatives has passed such legislation in the past, but it has faced hurdles in the Senate. Continued advocacy and bipartisan cooperation may eventually lead to a legislative solution.

2. Executive Action: The Biden administration could take executive action to solidify DACA's status by issuing a new rule through the proper administrative procedures. This would require going through a formal notice-and-comment period, but it could provide a more durable legal footing for the program.

3. Appeals Process: The recent ruling is not the final word on DACA's legality. The Department of Justice can appeal the decision to a higher court, where the legal battle could continue. Past rulings in favor of DACA suggest that the program may have a stronger legal case in appellate courts.

4. Temporary Relief: Advocacy groups and lawmakers may push for legislation that provides temporary relief for DACA recipients while a more permanent solution is pursued. This could involve extending the protections of the program through legislation.

Conclusion

The recent federal judge's declaration that DACA is illegal has once again ignited the debate surrounding the program. DACA recipients and advocates continue to push for a solution that would provide lasting protections and a pathway to citizenship for Dreamers. While the legal battle over DACA's future persists, the hope remains that a bipartisan solution can be reached in Congress or through executive action, ensuring that young immigrants brought to the United States as children can continue to contribute to the nation they call home.