On Sept. 13, 2023, District Court Judge for Southern Texas, Andrew S. Hanen, ruled Deferred Action for Childhood Arrivals (DACA) an unlawful program.
The program was originally created by the Department of Homeland Security under the Obama administration on June 15, 2012. Hanen made the ruling because former president Obama did not go through all of the levels of voting before passing the law, according to a Boundless article. With this new ruling in place, DACA has been left in limbo awaiting a finalized decision. While there are many changes happening with DACA, specifically in Texas, there have been no changes within California so far.
Back in July of 2021, Hanen submitted the original statement issued in Texas, announcing the DACA program was unlawful in an attempt to disband the program. However, this decision was appealed to the Fifth Circuit Court of Appeals and revised in Sept. 2023. This revision is where the current state of DACA is in Texas.
So what is DACA?
DACA is an immigration policy created by the Obama administration in 2012. DACA gives opportunities for legal education, licensing and work to undocumented citizens who immigrated to the United States, including deferred action, according to U.S, Citizenship and Immigration Services. Deferred action is the practice of protecting these members from deportation while under the program.
According to DACA News & Updates 2023, to qualify to be a part of this program one must have been under the age of 31 by June 15, 2012, arrived in the U.S. before reaching the age of 16, and continuously lived in the U.S. since June 2007. These opportunities allow members to legally attend school, work and obtain licenses.
What could be the future of DACA?
There is ongoing controversy about the program regarding who is in the right and who is in the wrong and how this will go on trial. According to CBS News, with the unwillingness for congress to make a final decision, the ruling will most likely be going up to the Supreme Court. Camilo Montoya-Galvez reiterates what Hanen had previously stated, “It is Congress’s role to dictate the fate of this population, not the federal courts or the president’s role to do so.”
Brian King, chancellor for the Los Rios Community College District, attempted to ease the confusion and concerns in an email sent earlier this semester to faculty, following the Texas ruling. “Los Rios colleges stand with Dreamers, and will continue to do anything in our power to support those in our undocumented communities,” said King.
