U.S. District Judge Andrew Hane ruled this week that the revised version of the Deferred Action for Childhood Arrivals (DACA) policy that prohibits the deportation of some immigrants is illegal. Nine states, (Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi), have sued declaring the policy illegal and although Judge Hane agreed, he did not stop the policy of allowing current DACA residents to stay pending legal review. He did extend the moratorium on approving new applications.
Previously, Judge Hane declared DACA illegal because proper processes had not been followed in the filing including a requirement of public notice and comments which the Federal Administrative Procedures Act requires. He also found that the states had grounds to file by claiming that they had been harmed: States declared that they had suffered increased costs in healthcare, education and other related costs of having the illegal immigrants residing in their states.
While the current administration is expected to appeal, the case will go in front of the 5th U.S. Circuit Court of Appeals. Last year this same court declared the initial program illegal in 2022. Meanwhile, the Dreamers’ (immigrants who were illegally brought into the U.S. as children) status continues in the current status quo with uncertainty as to future rulings.