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DACA suffers legal setback in Texas ruling

The DACA program was hit  setback today, but it is unclear whether it will have lasting effects.  A federal judge in Texas blocked the Biden administration from approving new applications for the  Deferred Action for Childhood Arrivals program, however, current DACA recipients will remain unaffected for now.  In a 77-page ruling, U.S. District Court Judge Andrew Hanen found that DACA is unlawful and that the Department of Homeland Security can no longer approve new applicants into the program. He also ruled that DHS could continue to process DACA renewals for now as the issue continues to move through the courts.  The court order does not “require DHS or the Department of Justice to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that it would not otherwise take,” Hanen wrote in the ruling.

The program has been fought over since former President Barack Obama introduced it in 2012.  Many had been expecting Hanen to rule against DACA given the Trump administration’s handling of the case and the judge’s track record on immigration. They had been waiting on a ruling since a hearing took place in late December.  Advocates have said a ruling against DACA could force Congress to move more quickly on securing a pathway to citizenship for Dreamers. If DACA is ultimately overturned for current recipients, they will be stripped of their protection from deportation and work permits.  Democrats are planning to include immigration measures — including a pathway to citizenship for Dreamers — in the forthcoming $3.5 trillion spending bill. Still, it is unclear if the measures will survive the Senate’s budget rules that would allow it to be part of the final package.

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