In a significant legal development, a federal judge has ruled against the Deferred Action for Childhood Arrivals (DACA) program, a policy introduced under the administration of former President Barack Obama.
The policy's future now appears to hinge on a decision by the U.S. Supreme Court.
U.S. District Judge Andrew Hanen, who has previously expressed reservations about the program, was compelled to reconsider his stance due to a procedural issue. In his ruling, Hanen articulated his sympathy for DACA recipients and their families but underscored his concerns about the program's legality.
"Although 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 wrote.
He further emphasized that the responsibility for addressing these issues lies with the legislative branch, not the executive or judicial branches. "The solution for these deficiencies lies with the legislature. Congress, for any number of reasons, has decided not to pass DACA-like legislation," he added.
The DACA program, which critics argue overstepped the executive branch's powers, was established via a 2012 memo. It allows certain migrants, who can demonstrate they were brought to the U.S. as children, to apply for a form of legal status and work permits.
Judge Hanen's ruling prevents the government from extending this quasi-amnesty to new applicants, but allows those already approved to continue benefiting from the program. Approximately 578,000 individuals have reportedly obtained DACA amnesty.
Several states, citing millions of dollars in costs associated with providing services to amnesty recipients, have launched legal action to halt the program. Meanwhile, attempts by Democrats to legislate a permanent amnesty program have been stymied by Republican opposition.
Democratic Representative Pramila Jayapal of Washington state expressed her disappointment with the ruling. "Unfortunately, this decision is no surprise from Judge Hanen. This is completely unacceptable. Dreamers deserve better and the fight is not over," Jayapal stated.
The future of the DACA program now appears set to be determined by the Supreme Court, with an appeal expected.
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