DACA Has Been Ruled Unlawful Once More


The DACA (Deferred Action for Childhood Arrivals) program was deemed unlawful on September 13th by a federal judge. However, the ruling did not ask the program, including its protections, to be ended immediately. In 2021, approximately 141000 students going to college enrolled or could opt for DACA.

Another Setback For The DACA Program

The uncertainty surrounding the DACA program has caused thousands of students to wonder about their future. Moreover, students who could have been eligible but cannot enroll in the program will not receive benefits such as scholarships and in-state tuition. They could have received it had they not been a prospective enrollee in the program.

Jesus Garcia, the Democratic Representative of Illinois, said that the decision was terrible. He asked for a method of citizenship through legislation to be provided. In a tweet, he explained that recipients of DACA cannot live in this legal limbo forever. In 2022, the Homeland Security Department published a rule running 453 pages that was created to prevent legal challenges against the program. This was the replacement for the memo from the era of Obama that resulted in the program.

However, in the ruling by Judge Andrew Hanen, it was deemed that Congress has to be the governmental branch that solves the problems addressed by the DACA. It cannot be done by the judiciary or the President’s office by himself. On September 13th, he explained that Congress, for multiple reasons, has not passed legislation similar to the DACA. As such, there is no right for an executive branch to take over this power that the Constitution gave to Congress, regardless of the intention behind it. In 2018, Texas led eight other states in filing a lawsuit against the program. The argument was that such a program could only be approved by Congress.