BREAKING: Federal Judge in Texas Declares Biden’s DACA Rule Unlawful
BREAKING: Texas Judge Declares Biden’s DACA Program Unlawful by Britain Eakin (Law360)
A federal judge in Texas today invalidated President Joe Biden’s Deferred Action for Childhood Arrivals (DACA) rule, finding that the new rule is not materially different from the earlier one he found unlawful. Here is the 40 page order.
UPDATE (9/14)
Explanations of the ruling by César Cuauhtémoc García Hernández:
@ccgarciahernandez In the latest round of the legal fight over DACA, today a federal judge in Texas ruled the program illegal. I don’t expect any significant practical effect from this ruling, but it does get us closer to a final legal resolution over this important policy initiative. #immigration #inmigracion #daca #academic #lawprofessor ♬ original sound – César C. García Hernández
Camilo Montoya-Galvez for the Associated Press explains the ruling and its limits:
“While [the court] agreed to a request from Republican officials in Texas and eight other states to declare the Biden administration regulation illegal, [Judge] Hanen did not grant another request to order a complete termination of DACA over two years. In 2021, Hanen also allowed existing DACA beneficiaries to continue renewing their two-year work permits and deportation protections, despite closing the program to new applicants.
The Biden administration is expected to appeal [the] ruling and the case is likely to reach the Supreme Court. The 5th Circuit Court of Appeals, tasked with reviewing appeals of Hanen’s rulings, also declared DACA illegal last year.”
KJ