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DACA Declared Illegal by Federal Judge

Texas judge says DACA violates the Administrative Procedure Act.

by | Jul 17, 2021 | Articles, Law

The 2012 Deferred Action for Childhood Arrivals program established by former President Barack Obama has been ruled illegal by U.S. District Judge Andrew Hanen of the Southern District of Texas. Hanen concluded that DACA violated the Administrative Procedure Act, but rather than striking it down entirely, has put certain aspects on hold to allow the government time to make changes.

This ruling applies only to new applicants, meaning that the estimated 600,000 DACA recipients will still be able to work and renew their applications.

In December 2020, a New York judge ruled that the government must continue to accept new applications; this latest ruling is in direct conflict with the earlier decision. This indicates that the decision will likely go to the Fifth Circuit Court of Appeals – a very conservative-leaning circuit.

The case was brought before the judge by a group of nine states – led by Texas –  who claimed President Obama had acted without congressional authorization.

Liberty Nation will keep you updated on this developing story.

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