Biden Administration Appeals Texas Judge’s Ruling Invalidating Obama-Era Deferred Action For Childhood Arrivals Program

The Biden administration appealed against a Texas court ruling invalidating Obama-era Deferred Action for Childhood Arrivals Program that protects from deportation hundreds of thousands of immigrants brought to the United States as children.

The Justice Department filed a notice to appeal US District Judge Andrew Hanen’s ruling, initiating the appeals process in the 5th US Circuit Court of Appeals, an extremely conservative appeals court. The Mexican American Legal Defense and Educational Fund, which is representing a group of DACA recipients who are defending the program, also filed a notice to appeal, a CNN report said.

Deferred Action for Childhood Arrivals (DACA) program which was introduced by President Barack Obama in 2012, provided temporary reprieve to undocumented immigrants who were brought to the United States as children, a group often described as “Dreamers.” Recipients, many of whom are now adults, also receive certain work authorizations.

However, In July U.S. District Judge Andrew Hanen ruled in favor of a group of states led by Republican-governed Texas that sued to end the Deferred Action for Childhood Arrivals (DACA) program. Hanen concluded that Democratic former President Barack Obama exceeded his powers when he created DACA in 2012 by executive action, bypassing Congress.

Hanen, a Texas-based judge appointed by Republican former President George W. Bush, found that DACA violated a federal law called the Administrative Procedure Act when it was created. Hanen said that because large numbers of people are enrolled in the program – nearly 650,000 – his ruling would be put on hold temporarily, but suspended new DACA applications.

However, Biden had vowed that he would preserve that program that protects from deportation hundreds of thousands of immigrants brought to the United States as children and promised that he would appeal that judge’s “deeply disappointing” ruling invalidating the program and urged Congress to provide them a path to citizenship.