In a decision that was not entirely unexpected, albeit unsettling, a federal court in Texas ruled last week that the Obama-era Deferred Action for Childhood Arrivals (DACA) program was unlawful, finding that the Obama Administration exceeded its authority when it established the program and did not comply with applicable procedural requirements. In an earlier ruling in the same lawsuit, U.S. District Court Judge Andrew A. Hanen had ruled that the plaintiff states were likely to succeed on claims that DACA was unlawfully implemented, but declined to grant the plaintiffs’ motion to suspend the program pending a ruling on the merits.
The merits ruling last week by Judge Hanen in Texas v. United States, Case No. 1:18-cv-00068 (S.D. Tex. July 16, 2021), permanently enjoins the Department of Homeland Security (DHS) from approving any new or pending DACA applications, including the approximately 55,000 already-filed petitions awaiting approval. At the same time, recognizing the substantial reliance interest that current DACA beneficiaries, also known as “Dreamers,” have in the program, Judge Hanen agreed to suspend, for now, his order vacating DACA benefits for current beneficiaries.
Members of the Center for Workplace Compliance (CWC) can read more here.