Current:Home > BackA federal judge again declares that DACA is illegal. Issue likely to be decided by US Supreme Court-LoTradeCoin
A federal judge again declares that DACA is illegal. Issue likely to be decided by US Supreme Court
View Date:2024-12-23 23:26:30
HOUSTON (AP) — 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 U.S. as children.
U.S. District Judge Andrew Hanen agreed with Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The judge’s ruling was ultimately expected to be appealed to the U.S. Supreme Court, sending the program’s fate before the high court for a third time.
Hanen barred the government from approving any new applications, but left the program intact for existing recipients during the expected appeals process. Hanen said his order does not require the federal government to take any actions against DACA recipients.
The states have argued the Obama administration didn’t have the authority to first create the program in 2012 because it circumvented Congress.
In 2021, Hanen had declared the program illegal, ruling it had not been subject to public notice and comment periods required under the federal Administrative Procedures Act.
The Biden administration tried to satisfy Hanen’s concerns with a new version of DACA that took effect in October 2022 and was subject to public comments as part of a formal rule-making process.
But Hanen, who was appointed by then-President George W. Bush in 2002, ruled the updated version of DACA was still illegal. He had previously said DACA was unconstitutional and it would be up to Congress to enact legislation shielding people under the program, often known as “Dreamers.”
Hanen also had previously ruled the states had standing to file their lawsuit because they had been harmed by the program.
The states have claimed they incur hundreds of millions of dollars in health care, education and other costs when immigrants are allowed to remain in the country illegally. The states that sued are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.
Those defending the program — the federal government, the Mexican American Legal Defense and Educational Fund and the state of New Jersey — had argued the states failed to present evidence that any of the costs they allege they have incurred have been tied to DACA recipients. They also argued Congress has given the Department of Homeland Security the legal authority to set immigration enforcement policies.
Despite previously declaring the DACA program illegal, Hanen had left the Obama-era program intact for those already benefiting from it. But he had ruled there could be no new applicants while appeals were pending.
There were 578,680 people enrolled in DACA at the end of March, according to U.S. Citizenship and Immigration Services.
The program has faced a roller coaster of court challenges over the years.
In 2016, the Supreme Court deadlocked 4-4 over an expanded DACA and a version of the program for parents of DACA recipients. In 2020, the high court ruled 5-4 that the Trump administration improperly ended DACA, allowing it to stay in place.
In 2022, the 5th U.S. Circuit Court of Appeals in New Orleans upheld Hanen’s earlier ruling declaring DACA illegal, but sent the case back to him to review changes made to the program by the Biden administration.
President Joe Biden and advocacy groups have called on Congress to pass permanent protections for “ dreamers.” Congress has failed multiple times to pass proposals called the DREAM Act to protect DACA recipients.
veryGood! (11779)
Related
- Mean Girls’ Lacey Chabert Details “Full Circle” Reunion With Lindsay Lohan and Amanda Seyfried
- PGA Tour strikes deal with pro sports ownership group to create for-profit arm
- Feds charge 19 in drug trafficking scheme across U.S., Mexico and Canada
- Tennessee, Virginia AGs suing NCAA over NIL-related recruiting rules with Vols under investigation
- After years of unrest, Commanders have reinvented their culture and shattered expectations
- 85-year-old Indianapolis man dies after dogs attack him
- Could Aldi be opening near Las Vegas? Proposal shows plans for Nevada's first location.
- 'Argylle' review: A great spy comedy premise is buried by secret-agent chaos
- Auburn surges, while Kansas remains No. 1 in the USA TODAY Sports men's basketball poll
- Takeaways from the AP’s look at the role of conspiracy theories in American politics and society
Ranking
- GreenBox Systems will spend $144 million to build an automated warehouse in Georgia
- Secret history: Even before the revolution, America was a nation of conspiracy theorists
- Mark Zuckerberg, Linda Yaccarino among tech CEOs grilled for failing to protect kids
- PGA Tour strikes deal with pro sports ownership group to create for-profit arm
- New Pentagon report on UFOs includes hundreds of new incidents but no evidence of aliens
- Police: Pennsylvania man faces charges after decapitating father, posting video on YouTube
- Alexandra Park Shares Her Thoughts on Ozempic as a Type 1 Diabetic
- OK, Barbie, let's go to a Super Bowl party. Mattel has special big game doll planned
Recommendation
-
Tennessee fugitive accused of killing a man and lying about a bear chase is caught in South Carolina
-
Hedge fund billionaire Ken Griffin calls Harvard students whiny snowflakes
-
Treat Your BFF to the Ultimate Galentine's Day: Solawave, Nasty Gal & More
-
EBay will pay $59 million settlement over pill presses sold online as US undergoes overdose epidemic
-
Utah AD Mark Harlan fined $40,000 for ripping referees and the Big 12 after loss to BYU
-
2024 NHL All-Star Game weekend: Live stream, TV, draft, skills competition, rosters
-
'Handmaid's Tale' star Elisabeth Moss pregnant with her first child
-
Wray warns Chinese hackers are aiming to 'wreak havoc' on U.S. critical infrastructure