Following a Texas judge's decision to declare the program that would grant permanent residency in the U.S. to the so-called 'Dreamers' illegal, it is expected that the White House will appeal the verdict, ultimately leaving the decision in the hands of the U.S. Supreme Court. A federal judge has once again ruled that the Deferred Action for Childhood Arrivals (DACA) program is illegal. This policy has protected hundreds of thousands of undocumented immigrants brought to the United States as children from deportation.
Immediate Impact on DACA Beneficiaries
The decision does not immediately affect DACA beneficiaries, whose status remains unchanged during the legal appeal process. They can also continue to renew their status, as they are required to do every two years.
So, What Comes Next?
The Biden administration is expected to appeal the ruling issued by Judge Andrew Hanen of the Southern District of Texas, leaving the final decision on the fate of DACA, its over 500,000 beneficiaries, and their families in the hands of the U.S. Supreme Court.
According to Alejandro Mayorkas, the Secretary of the U.S. Department of Homeland Security (DHS), "As per the ruling, USCIS will continue to process DACA renewals, and DHS will continue to advocate for DACA beneficiaries every day, in courts and through our actions. We are ready to work with Congress on a lasting solution for our 'Dreamers.'"
The Role of USCIS and the Fifth Circuit Court of Appeals
It is expected that the case will return to the U.S. Fifth Circuit Court of Appeals. This court last ruled on DACA in October 2022 when it sent the case back to Judge Hanen for review following a new regulation.
Immigration advocates have reported that a possible hearing in the Fifth Circuit may not occur until 2024. If the appeals court agrees with Judge Hanen's decision, the three-judge panel's ruling could include the end of current DACA renewals.
A Decision's Journey to the Supreme Court
Whatever the appeals court decides will likely be appealed to the U.S. Supreme Court. A decision on this matter is not expected until at least spring 2025, according to immigration advocates.
Los beneficiarios de DACA y los defensores de la inmigración han declarado que esta batalla ha durado demasiado tiempo, pero no planean dejar de luchar.
Todavía se Necesita una Solución Legislativa
Andrea Senteno, asesora regional del Fondo Educativo Mexicano Americano de Defensa Legal, enfatizó que aunque cree que la decisión del juez es incorrecta, la conclusión final sigue siendo la misma: la acción legislativa es la única manera de resolver este problema.
DACA beneficiaries and immigration advocates have stated that this battle has gone on for too long, but they do not plan to stop fighting.
Hope in "Checks and Balances"
States led by Republicans have sought to end the DACA program, which is why they have challenged it in court. In 2018, Texas and other Republican-led states sued the federal government, arguing that DACA had financially burdened state governments as they were spending resources on education, healthcare, and other services for undocumented immigrants allowed to stay in the country.
The challenging states also argued that only Congress has the authority to grant immigration benefits.
In a 2018 statement, the now-suspended Texas Attorney General Ken Paxton said he had "hope that our judicial system will once again provide a victory for American sovereignty and proper checks against executive power."
However, Hanen rejected the states' request to end the program within two years and stated that his decision did not compel the government to take any action against DACA beneficiaries, whose acceptance of 'Dreamers' comes from the Dream and Promise Act, first proposed in 2001. Ley Dream and PromiseThe legislation was passed by the U.S. House of Representatives in 2021 and 2022, creating a pathway to permanent residency for those brought to the country as children. It has not yet been approved in the Senate. The Dream Act was reintroduced in 2023.
This information is for informational purposes only. It is not advice or legal advice.
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