However, at present, those in the DACA scheme will be allowed to stay in it, and the judge has barred the approval of new registrants’ applications. Here is a breakdown of the meaning of his decision.
DACA was founded in 2012 by the Obama administration.
The program provides undocumented immigrants who have been brought to the United States to secure their children from deportation and to receive some recognition for working in the United States. To qualify, applicants must have come to the United States before the age of 16 and lived there since June 15, 2007. They could not be more than 30 years old when the Department of Homeland Security enacted a policy in 2012. Recipients must renew their coverage every two years. The program does not provide a path to permanent protection or citizenship.
The Trump administration has failed to recover it, but President Joe Biden has promised to strengthen it. After Hanen previously stated that the Obama administration did not follow all proper administrative procedures in launching the program, his administration has already taken steps to subject the DACA to a more rigorous disciplinary process.
What did Judge Hanen do?
Hanen declared the DACA illegal because it concluded that it violated the Code of Administrative Procedure, which dictates what procedures agencies must adopt to implement certain policies. Instead of halting the project altogether, he is suspending some aspects of his decision for the time being because the case is still pending, so the government can consider making changes to the plan.
Does this mean DACA recipients will lose their jobs and be deported?
No. Friday’s ruling applies to new applicants, not those already in the program. Hanen suspended his order for current DACA recipients. As long as that shelter is in place, those recipients can also renew – a process that happens once every two years. Recipients will still be protected from deportation under the DACA and will be allowed to work legally.
So who does this affect?
New applicants. Last December, a federal judge in New York ruled that the federal government must accept new DACA applications. Since then, thousands of eligible people have applied for the program, but the majority are still waiting for approval amid a backlash that has accumulated during corona virus infections. According to Thomas Sense, chairman and general adviser of the Mexican American Legal Defense and Education Fund, Friday’s ruling prevents those applications from being granted even if they were submitted before the verdict. A Latin Legal Civil Rights Organization, MALDEF represents the group of DACA recipients defending the project in this case.
What happens next in the case?
Lawyers representing individual DACA recipients said Friday they are in the process of evaluating the next steps. The Biden administration and New Jersey have intervened to protect the DACA and may choose to appeal.
Complicating matters further is a December December court order in New York that advised the federal government to accept new DACA applications, which seem tense in Hanan’s Friday ruling, preventing management from delivering them.
Big Picture: If Hanan’s order is appealed, it will go to the 5th U.S. Circuit Court of Appeals, the most conservative appellate court. Whenever it comes to the Supreme Court, DACA’s defenders will face a conservative majority, including three judges, who in a previous case disagreed, calling the plan illegal.