US District Judge Declares DACA Policy to be Unconstitutional

This is big news! U.S. District Judge Andrew Hanen has officially declared that the Deferred Action for Childhood Arrivals (DACA) policy to be unconstitutional. This policy was originally implemented by former President Barack Obama to protect children of illegal immigrants.

This ruling sets up the potential for hundreds of thousands of deportations to begin and has been met with both criticism and support from both sides of the aisle.

Eight Republican-led states banded together to overturn this policy, arguing that it violates the United States Constitution by allowing the White House to manage immigration affairs instead of Congress.

Judge Hanen did not call for an immediate end to DACA while it works its way through the appeals process but barred Biden administration from processing any new applications.

The program has faced a roller coaster of court challenges over the years, most recently in 2020 when The Supreme Court ruled 5-4 that Trump’s administration had improperly ended DACA which allowed it to stay in place.

Despite this ruling, however, Hanen maintains his opinion that DACA’s underlying nature is unconstitutional and cannot be salvaged by a public comment period proposed by President Biden.

As per USCIS there were 578,680 people enrolled in DACA at the end of March, according to Associated Press.

While Republicans may feel triumphant about this ruling, Democrats have made their dissatisfaction known as well; White House Press Secretary Karine Jean-Pierre said they are “deeply disappointed” with this decision as they will continue defending DACA against legal challenges until it reaches higher courts where final judgement will be passed on whether or not Dreamers can remain protected in The United States or if they will face deportation after all these years.

Thomas Saenz president and general counsel at Mexican American Legal Defense and Educational Fund stated “Judge Hanen has consistently erred in resolving both of these issues, and today’s ruling is more of the same flawed analysis.”

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