On July 16, 2021, a federal district court judge in Texas, Judge Andrew Hanen, ruled that DACA is illegal, finding that it exceeds the power that Congress has delegated to the executive branch. Judge Hanen stated that there were a number of substantive flaws with the program, and that it violated the Administrative Procedure Act (APA) when the Department of Homeland Security did not go through a process called “notice and comment rulemaking” when it first instituted the program in 2012.
In response to Judge Hanen’s decision, the White House announced that it intends to appeal Judge Hanen’s decision, and that DHS will issue a proposed rule regarding DACA in the near future.
Even though Judge Hanen found the DACA program to be unlawful, the ruling allows individuals currently with DACA to maintain these protections and seek renewals while this latest court decision goes through the appeals process.
For a detailed discussion of Frequently Asked Questions, check out this article here by United We Dream.
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