Federal Judge Rules Against DACA

Facts

• Federal Judge Andrew Hanen on Wednesday ruled that a policy protecting undocumented immigrants who were brought to the US as children violates federal law.¹
• The policy in question, called Deferred Action for Childhood Arrivals (DACA), has 579K enrollees, in addition to other immigrants, who are seeking deportation relief and work permits.²
• Hanen sided with Texas and eight other states who have sued to stop DACA, which Hanen ruled was an attempt by the Biden administration to “usurp” Congressional lawmaking powers since Congress hasn't acted on this matter.³
• Last year, the Biden administration released a rule to codify the Obama-era policy into a federal regulation, but Hanen ruled this was insufficient.⁴
• Previously, Hanen vacated the DACA program in 2021, and the 5th Circuit Court of Appeals affirmed his ruling, which he has now reaffirmed.⁵
• The ruling doesn’t require the government to take action against current DACA recipients, but the government is forbidden from approving new applications.¹

Sources: ¹USA Today, ²Reuters, ³Associated Press, ⁴CNN and ⁵FOX News.

Narratives

• Democratic narrative, as provided by MSNBC. In addition to being a terrible ruling that puts hundreds of thousands of immigrants in danger, this decision is further proof of how Republicans have corrupted the federal judiciary, as they have populated the courts with judges who share their anti-immigrant sentiments, in addition to other conservative viewpoints — a move that prevents fair legislation.
• Republican narrative, as provided by Townhall. The DACA program's gross overreach has again been struck down by the courts. Biden decided to alter the Obama-era program rather than put forth sufficient legislation for Congress to consider and expected to get a different answer from the court. But under the separation of powers set forth in the Constitution, DACA is still illegal.