The Times Australia
Google AI
The Times World News

.

DACA in doubt after court ruling: 3 questions answered

  • Written by Kevin Johnson, Dean and Professor of Public Interest Law and Chicana/o Studies, University of California, Davis

Editor’s note: A federal court in Texas delivered a blow to an Obama-era federal program shielding hundreds of thousands of undocumented immigrants who came to the United States as children from being deported.

U.S. District Judge Andrew Hanen ruled on July 16, 2021, in Texas v. United States[1] that Deferred Action for Childhood Arrivals, or DACA[2], was unlawful. Hanen put a hold on new applications. The decision caught many people off guard because, in 2020, the U.S. Supreme Court had rejected[3] then-President Donald Trump’s effort to dismantle DACA, leaving the policy mostly intact.

The federal government under President Joe Biden has been accepting new applications for DACA protections. That must now stop, Hanen ruled.

We asked legal scholar Kevin Johnson[4], who specializes in immigration law, to explain what impact Hanen’s ruling will have on DACA – and what comes next.

DACA in doubt after court ruling: 3 questions answered A demonstration outside the Houston courthouse where Judge Andrew Hanen found DACA unlawful, July 19, 2021. Brandon Bell/Getty Images[5]

1. If the Supreme Court already ruled DACA could continue, how can it be unlawful?

In Department of Homeland Security v. Regents of University of California[6], the Supreme Court did not decide whether DACA, established by President Barack Obama in 2012, was lawful. It held only that in its efforts to end DACA, the Trump administration had not followed the proper procedures required by the federal Administrative Procedure Act[7] to terminate the policy.

In a 5-4 decision written by Chief Justice John Roberts, the court ruled that President Trump’s attempt to end DACA was “arbitrary and capricious” because it had failed to adequately account for, among other things, the severe disruption of the lives of DACA recipients who had relied on the program in making life decisions.

By so doing, Trump had violated the Administrative Procedure Act, and, thus, his administration’s attempt to invalidate DACA was unlawful. As a result, the immigrants already protected by DACA would maintain their legal status, and the ruling seemed to require the administration to allow new DACA applications[8].

But the Trump administration refused to allow new applications to the program.

In Texas v. United States, Judge Hanen reviewed a different decision by a different president – the Biden administration’s decision to resume accepting new DACA applications. But his ruling relied on the Supreme Court’s analysis of President Trump’s attempted termination of DACA.

Hanen found that the Biden administration had not reopened applications following appropriate procedures under the Administrative Procedure Act, which requires allowing public notice and comment on the policy. As such, he ruled, the Biden administration could not accept new DACA applications.

DACA in doubt after court ruling: 3 questions answered Texas Attorney General Ken Paxton, here at the 2021 Conservative Political Action Conference, is among the Republican state attorneys general who sued to stop DACA. Brandon Bell/Getty Images[9]

2. What does the Texas court’s decision mean for current DACA recipients?

Judge Hanen’s ruling only bars the approval of new DACA applications. It does not eliminate DACA relief for the approximately 690,000 people already enrolled in the program.

Current DACA recipients may still apply for renewals every two years[10]. The Biden administration is likely to grant those renewals absent a change in the applicant’s circumstances, such as a serious criminal conviction.

Put simply, for the time being, current DACA recipients are protected from deportation, but the Biden administration can no longer offer that same protection to other undocumented immigrants brought to the U.S. as children – even if technically it seems they could apply for DACA.

3. What’s next in the DACA debate?

President Biden has said his administration will appeal Judge Hanen’s ruling[11], and the Supreme Court ultimately could take the case. If the ruling were reversed by a higher court, the Biden administration would be permitted to approve new DACA applications.

The courts aren’t the only place where DACA’s legal problems could be addressed. Biden[12], immigrant rights advocates and congressional Democrats, including Sen. Dick Durbin, are now calling for lawmakers to pass legislation permanently protecting DACA recipients[13].

DACA in doubt after court ruling: 3 questions answered President Obama and then-Vice President Biden with a DACA recipient at the White House in 2015. AP Photo/Susan Walsh[14]

The American Dream and Promise Act of 2019 – introduced to Congress during President Trump’s campaign to end DACA – would provide a pathway to citizenship for current DACA recipients[15]. That immigration reform would give them lasting legal status, rather than the temporary – and revocable – relief from deportation[16] offered by DACA.

[Understand what’s going on in Washington. Sign up for The Conversation’s Politics Weekly[17].]

References

  1. ^ Texas v. United States (s3.documentcloud.org)
  2. ^ DACA (www.uscis.gov)
  3. ^ U.S. Supreme Court had rejected (supreme.justia.com)
  4. ^ Kevin Johnson (law.ucdavis.edu)
  5. ^ Brandon Bell/Getty Images (www.gettyimages.com)
  6. ^ Department of Homeland Security v. Regents of University of California (supreme.justia.com)
  7. ^ Administrative Procedure Act (www.law.cornell.edu)
  8. ^ require the administration to allow new DACA applications (www.npr.org)
  9. ^ Brandon Bell/Getty Images (www.gettyimages.com)
  10. ^ apply for renewals every two years (www.immigrationhelp.org)
  11. ^ said his administration will appeal Judge Hanen’s ruling (www.whitehouse.gov)
  12. ^ Biden (www.whitehouse.gov)
  13. ^ to pass legislation permanently protecting DACA recipients (www.rollcall.com)
  14. ^ AP Photo/Susan Walsh (newsroom.ap.org)
  15. ^ current DACA recipients (crsreports.congress.gov)
  16. ^ temporary – and revocable – relief from deportation (theconversation.com)
  17. ^ Sign up for The Conversation’s Politics Weekly (theconversation.com)

Read more https://theconversation.com/daca-in-doubt-after-court-ruling-3-questions-answered-164927

Times Magazine

Freak Weather Spikes ‘Allergic Disease’ and Eczema As Temperatures Dip

“Allergic disease” and eczema cases are spiking due to the current freak weather as the Bureau o...

IPECS Phone System in 2026: The Future of Smart Business Communication

By 2026, business communication is no longer just about making and receiving calls. It’s about speed...

With Nvidia’s second-best AI chips headed for China, the US shifts priorities from security to trade

This week, US President Donald Trump approved previously banned exports[1] of Nvidia’s powerful ...

Navman MiVue™ True 4K PRO Surround honest review

If you drive a car, you should have a dashcam. Need convincing? All I ask that you do is search fo...

Australia’s supercomputers are falling behind – and it’s hurting our ability to adapt to climate change

As Earth continues to warm, Australia faces some important decisions. For example, where shou...

Australia’s electric vehicle surge — EVs and hybrids hit record levels

Australians are increasingly embracing electric and hybrid cars, with 2025 shaping up as the str...

The Times Features

The Evolution of Retail: From Bricks and Mortar to Online — What’s Next?

Retail has always been a mirror of society. As populations grew, cities formed, technology advan...

How hot is too hot? Here’s what to consider when exercising in the heat

If you like to exercise outdoors, summer gives you more chance to catch the daylight. It’s often...

Vendor Advocacy Fees

Vendor advocacy fees can vary widely based on a number of factors, including the type of service...

MYA Cosmetics launches in Australia with bold new collection designed for creative tweens

MYA Cosmetics has officially launched in Australia, introducing its 2026 collection featuring th...

How smart home materials can shield us from extreme heat and cut energy bills all year

Australia is getting hotter. Climate change is driving more frequent and prolonged extreme heatw...

What is autistic burnout? And what can you do about it?

Many autistic people face challenges in their daily life while navigating a world made for neuro...

What is ‘oatzempic’? Does it actually work for weight loss?

If you’ve spent any time on TikTok or Instagram lately, you may have seen people blending oats...

Freak Weather Spikes ‘Allergic Disease’ and Eczema As Temperatures Dip

“Allergic disease” and eczema cases are spiking due to the current freak weather as the Bureau o...

The Man Behind Sydney’s New Year’s Eve Midnight Moment: Jono Ma

When the clock strikes midnight on New Year’s Eve, Sydney will ring in 2026 powered by a high-volt...