U.S. federal judge declares DACA illegal

The fate of the DACA program hangs.

By Star Eisenberg, Online Editor

Texas-based U.S. District Judge Andrew Hanen issued a decision on September 13, 2023 declaring the Deferred Action for Childhood Arrivals program illegal. Hanen’s ruling puts the program in jeopardy and raises concerns for undocumented students.

“We want to make sure that our DACA students are protected and continue to have a safe space here at Valley to pursue their higher education,” said Valley College President Barry Gribbons. “We’ll work relentlessly with that goal in mind.”

DACA has allowed eligible undocumented young adults who came to the U.S. as children, often referred to as “Dreamers,” to work and study without fear of deportation.

“We are deeply disappointed in today’s DACA ruling from the District Court in Southern Texas,” said White House Press Secretary Karine Jean-Pierre on the decision. “We are committed to protecting all the Dreamers who have throughout their lives enriched our communities and our country, and we continue to call on Congress to provide permanent protection to the hundreds of thousands of Dreamers in the United States.”

The DACA program took effect in 2012 under the Obama-Biden administration and has been the subject of ongoing litigation around its legality. There were 578,680 people enrolled in DACA as of March 31, 2023, according to U.S. Citizenship and Immigration Services.

“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time,” Hanen stated in his 40-page ruling. “The Executive Branch cannot usurp the power bestowed on Congress by the Constitution-even to fill a void.”

Hanen left the program intact for existing recipients during the appeals process. However, he blocked the government from processing any new applications. Individuals who have DACA (as of July 16, 2021), or whose DACA has lapsed for less than one year, can continue to apply for renewal of their DACA.

“At LACCD, our nine colleges proudly educate more undocumented students than anywhere in the country,” said LACCD Chancellor Dr. Francisco Rodriguez in a statement regarding the decision. “I want to ensure that we will use all available resources to protect the over 10,000 undocumented students enrolled, including support for our Dream Resource Centers at our nine colleges that provide extensive resources, a safe space and educational tools for all students.”

The Biden administration is expected to appeal Hanen’s decision, and the future of Dreamers could ultimately be left up to the Supreme Court.