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Federal judge rules DACA illegal again

DACA students demonstrate outside the Supreme Court in 2020 Associated Press/Photo by Manuel Balce Ceneta

Federal judge rules DACA illegal again

U.S. District Court Judge Andrew Hanen on Wednesday ruled the Deferred Action for Childhood Arrivals program to be illegal for the second time in three years. Hanen agreed with lawsuits from nine states that sought to stop the program, which prevents the deportation of immigrants brought to the U.S. illegally as children. He wrote that only Congress, not the president, has the authority to implement and amend immigration legislation. Hanen previously ruled the program illegal in 2021 because there had been no public notice or period for comment. President Joe Biden attempted to remedy Hanen’s issues by filing a new version of DACA in 2022. Former President Barack Obama launched DACA in 2012.

What's going to happen to everyone under DACA right now? Hanen said he was not ordering the government to deport or take any action against the 570,000 “Dreamers” already under DACA, but no more immigrants who enter the country as children would qualify for DACA. The Biden administration will likely appeal the legislation to the Supreme Court, which has already heard two separate cases relating to the legality of DACA.

Dig Deeper: Read Laura Finch’s report in WORLD Magazine on the personal stories of people under DACA.

Christina Grube

Christina Grube is a graduate of the World Journalism Institute.

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