DACA program declared illegal by federal judge, Children at Risk gives statement

TEXAS - On Wednesday, Sept. 13, a federal judge ruled Deferred Action for Childhood Arrivals, also known as DACA, illegal.

According to the Associated Press, US District Judge Andrew Haden declared illegal a revised version of a federal policy.

The policy prevents the deportation of hundreds of thousands of immigrants brought to the U.S. as children.

Judge Haden has declined to order an immediate end to the program and the protections it offers to recipients.

A lot of advocacy groups and the president are asking Congress to pass permanent protections for "dreamers." The DREAM Act, which would have protected DACA recipients, has failed numerous times in Congress, according to AP News.

Houston judge declares DACA illegal

DACA is the Deferred Action for Childhood Arrivals program. The program helps to prevent children of immigrants brought to the United States get deported.

"We are deeply disappointed in today’s DACA ruling from the District Court in Southern Texas," President Biden's press secretary Karine Jean-Pierre said in a statement Wednesday night. "...As we have long maintained, we disagree with the District Court’s conclusion that DACA is unlawful, and will continue to defend this critical policy from legal challenges. While we do so, consistent with the court’s order, DHS will continue to process renewals for current DACA recipients and DHS (the Department of Homeland Security) may continue to accept DACA applications."

AP news said President Joe Biden and advocacy groups have called on Congress to pass permanent protections for "dreamers." Congress has failed multiple times to pass proposals called the DREAM Act to protect DACA recipients.

AP says Hanen also declined a request by the states to order the program’s end within two years.

Hanen said his order does not require the federal government to take any actions against DACA recipients, who are known as "Dreamers."

Judge Hanen concluded thoughts in his 40-page ruling with the following:

"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, The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation ... The Executive Branch cannot usurp the power bestowed on Congress by the Constitution — even to fill a void".

Children at Risk is a non-profit organization that provides education and resources to children and families in Texas.

In response to the ruling, the organization released a statement:

We are deeply concerned for the safety and well-being of thousands of children living in Texas whose parents now face a precarious legal situation with this week’s recent ruling upending DACA. When DACA was implemented in 2012, the average age of recipients was 21, now most recipients are in their 30s. These are 96,000 hardworking Texans who own homes, have college degrees, started families and saved lives during the pandemic. DACA recipients alone contribute $782.7 in federal taxes and $436.8M in state and local taxes with a spending power of $3.7 billion dollars. While the economic contributions DACA recipients have on our economy are irrefutable, ultimately, we advocate for the whole child in Texas and that means no child living in our state should live in fear of being ripped apart from their parents. Children whose parents do not have durable legal status in the U.S. suffer immensely, developing adjustment and anxiety disorders, conditions which lead to significant toxic stress, altering children’s neurobiology and harming their brain development and long-term health. This stress amounts to poorer academic performance in schools during these critical years of child development. Family separation whether it be at the border or in our neighborhoods is cruel and should be endorsed by no one. As the ruling stands, the status quo continues for DACA recipients, and while this decision will likely be reviewed by the Supreme Court. We urge members of Congress to codify DACA now and ensure that our Texas families stay together to avoid devastating harm to our children. CHILDREN AT RISK is committed to protecting all children regardless of immigration status. We urge Congress to act now to codify DACA for the sake of our children.

The Associated Press contributed to this report.