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US federal judge again declares DACA is illegal, issue likely to be decided by Supreme Court

Published:Thursday | September 14, 2023 | 9:49 AM
People rally outside the Supreme Court as oral arguments are heard in the case of President Trump's decision to end the Obama-era, Deferred Action for Childhood Arrivals programme (DACA), Tuesday, November 12, 2019, at the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)

HOUSTON (AP) — While a federal judge on Wednesday declared illegal a revised version of a federal policy that prevents the deportation of hundreds of thousands of immigrants brought to the United States as children, he declined to order an immediate end to the programme and the protections it offers to recipients.

US District Judge Andrew Hanen agreed with Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, programme.

The judge's ruling was ultimately expected to be appealed to the US Supreme Court, sending the programme's fate before the high court for a third time.

“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the programme for some time,” Hanen wrote in his 40-page ruling.

“The solution for these deficiencies lies with the legislature, not the executive or judicial branches. 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's order extended the current injunction that had been in place against DACA, which barred the government from approving any new applications but left the programme intact for existing recipients during the ongoing legal review.

Hanen also declined a request by the states to order the programme's end within two years.

Hanen said his order does not require the federal government to take any actions against DACA recipients, who are known as “Dreamers.”

The Biden administration criticised the judge's ruling.

“We are deeply disappointed in today's DACA ruling from the District Court in Southern Texas,” press secretary Karine Jean-Pierre said in a statement Wednesday night.

“... As we have long maintained, we disagree with the District Court's conclusion that DACA is unlawful, and will continue to defend this critical policy from legal challenges. While we do so, consistent with the court's order, DHS will continue to process renewals for current DACA recipients and DHS (the Department of Homeland Security) may continue to accept DACA applications.”

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