A revised version of the federal policy known as the Deferred Action for Childhood Arrivals (DACA) program, which prevents the deportation of thousands of immigrants brought to the U.S. as children, has once again been deemed illegal by a federal judge who gave the same ruling previously.
U.S. District Judge Andrew 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.
Hanen’s decision then was affirmed by the Fifth Circuit Court of Appeals, and Wednesday, reaffirmed 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 wrote.
[caption id="attachment_8599" align="alignnone" width="720"] A revised version of DACA, a federal policy that prevents the deportation of hundreds of thousands of immigrants brought to the U.S. as children, was ruled illegal for a second time Wednesday by a federal judge. (AP Photo/J. Scott Applewhite/File)[/caption]
The judge also said defendants may continue to administer the program to individuals who received their initial DACA status before July 16, 2021, which may include processing and granting DACA renewal applications for those individuals.
He also said DHS can continue to accept initial applications, though it "may not grant any," and the department was advised to post a public notice of the injunction on its website and websites of all relevant agencies involved in DACA administration or processing.
"A Final Judgment has not been entered in this case, so all matters not being addressed by an appellate court are still pending in this Court and subject to its jurisdiction," Hanen wrote.