Federal Judge Reaffirms Previous Ruling That DACA Is Illegal

A federal judge in Texas who previously ruled that the Obama-era Deferred Action on Childhood Arrivals program, nicknamed “DACA,” has reaffirmed that ruling.

U.S. District Judge Andrew Hanen ruled that a revised version of the program, which prevents the deportation of thousands of migrants brought illegally into the U.S. as children, also does not pass legal or constitutional muster more than a decade after then-President Barack Obama implemented the program via executive order after repeatedly claiming he had no authority as president to do so.

“Hanen said in his decision Wednesday that on July 16, 2021, the court vacated the DACA program created by the 2012 DACA Memorandum, which prohibited the U.S., its departments, agencies, officers, agents and employees from granting new DACA applications and administering the program,” Fox News reported.

The ruling was eventually reaffirmed by the Fifth Circuit Court of Appeals in New Orleans and then again on Wednesday, by him.

“That program is vacated, and the Department of Homeland Security (DHS) is enjoined from implementing Final Rule DACA until a further order of the Court, the Fifth Circuit Court of Appeals, or the Supreme Court of the United States,” Hanen noted in his ruling.

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