US Federal Judge Blocks DACA Applications, Rules Program 'Illegal'
"The court finds this permanent injunction is reasonable and properly takes into account the reliance interests of the Plaintiff States on the duly enacted immigration laws of this country, the interests of the public in having the government and its agencies and employees comply with the law, and the significant reliance interests that DACA has engendered since its inception," the ruling continues. "If the government fails to take the appropriate steps to remedy the shortfalls in DACA within a reasonable time given the complexities inherent in such a process, the court will reconsider its decision to stay portions of the relief that it has granted, if an appropriate motion is filed."
Just in: A federal judge in Texas has blocked the DACA program going forward — it won't affect current recipients for now (judge is putting that issue on hold, pending expected appeals), but it blocks DHS from approving new applications https://t.co/urJh8jnJDd pic.twitter.com/LqvSDWx2ao— Zoe Tillman (@ZoeTillman) July 16, 2021
In 2018, Judge Hanen similarly ruled that DACA was probably illegal, but he declined to issue an injunction at that time due to ongoing litigation. "If the nation truly wants a DACA program," Hanen wrote at the time, "it is up to Congress to say so."
In March, the US House of Representatives passed the American Dream and Promise Act of 2021, which would pave a path to citizenship for DACA recipients. While the bill has faced a much tougher challenge in the Senate, Sen. Joe Manchin (D-WV), a moderate Democrat who is often out of step with his party's mainstream political goals, signaled earlier this week that he supported including the act in the colossal $3.5 trillion infrastructure deal being shoved through the Senate via the budget reconciliation process.