Appeals On DACA


Tina Ngo, Staff Writer

DACA Background Information

DACA–Deferred Action for Childhood Arrivals program— The DACA was created in 2012 and was meant to provide temporary reprieve for undocumented people in the United States that were brought when they were little kids. Many adults also receive specific work authorization. There are over 600,000 people within the U.S. who benefit from DACA. 

Creator of DACA

The previous president Barack Obama created DACA to provide protection for numerous people who were brought to the United States illegally as children instead of getting deported. 

Ruling That Found DACA Unlawful

The Biden Administration found DACA to be unlawful on September 10, 2021, in a Texas court ruling. This appeal was not the most unexpected thing to happen in court, the U.S. District Court had previously ordered the Biden administration to stop approving new DACA applicants back in July. The DACA created massive uncertainty within many immigrants living in the United States through this program. The Justice Department filed to get an appeal to kick off the appeals processes in the 5th U.S. CCP–Circuit Court of Appeals–which was Judge Andrew Hanen’s ruling

Federal Court and DACA

In the southern district of Texas, DACA was ruled to be illegally created. The ruling of a federal district court judge is a result in which the coalition of nine states had argued that President Obama violated the strict procedures during the process of creating the DACA program. It is said that the program brought an extremely heavy economic burden upon the states–people placed under DACA are able to work–which causes United States citizens to compete with DACA recipients. 

The District Court Judge–Andrew Hanan–had agreed with Texas and found that while creating the DACA program, it violated APA which is the Administrative Procedure Act. The program never went through the entire required process and never gained legal status as a legally binding policy that had any obligations. Although he agreed, he has stayed the order of disappearing the program for the tens of thousands of active DACA recipients.  

Response to Appeal

In response to the apeak, Judge Andrew Hanen addressed that APA indicates which programs need to go through the procedures. Although he blocked the DACA program from gaining and approving new applicants, his order for the program still allowed active people enrolled in the program to continue its course. 

Biden Administration

The Biden administration unveiled the rule which was proposed to insulate the DACA program for immigrants that are undocumented. The security officials inputted that the program continuously embraces the continuous judgment that immigrants who arrived in the country under 18 or as minors should not be a priority of the country for deportation. 

The Biden Administration announced there are plans in the making for the creation of a rule that would recreate the Deferred Action for Childhood Arrivals–DACA–after the Texas court announced it was unlawful. President Biden had signed an executive order that is taking office to further strengthen the program. However, officials have now acknowledged that Congress has to create and enact a permanent fix for this ongoing situation.