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Federal judge confirms 2021 decision finding DACA unlawful

Deferred Action for Childhood Arrivals policy recipients Susana Lujano, 30, provides water to her one year old son Joaquin next to Brendaletzy Lopez, 30, who holds a placard ahead of a hearing on the DACA program outside the federal courthouse in Houston, Texas, U.S., June 1, 2023. A federal judge in Texas ruled Sept. 13 that Biden's version of DACA is illegal but keeps the program in place for current immigrant recipients. (OSV News photo/Adrees Latif, Reuters file photo)
Deferred Action for Childhood Arrivals policy recipient provides water to her one year old son next to another recipient who holds a placard ahead of a hearing on the DACA program outside the federal courthouse in Houston, Texas, U.S., June 1, 2023

HOUSTON, Texas (OSV News) — A federal judge declared unlawful a revised version of a program that offers protection from deportation to immigrants who were brought to the country illegally as children. In his Sept. 13 ruling, Texas-based U.S. District Court Judge Andrew Hanen found that despite President Joe Biden’s administration taking measures to strengthen the Deferred Action for Childhood Arrivals program, the deficiencies that led him to find DACA unlawful in 2021 remain. “The solution for these deficiencies lies with the legislature, not the executive or judicial branches,” he wrote. First implemented in 2012, the DACA program allows certain undocumented individuals who were brought to the United States as children — commonly known as “dreamers” — to be protected from deportation and be eligible to apply for work authorization. It has nearly 600,000 recipients, for whom the U.S. Conference of Catholic Bishops has expressed support. With his decision, Hanen blocked new enrollments to the program, but said the order does not affect those enrolled before the judge’s 2021 ruling.The Sept. 13 ruling is expected to be appealed. It is likely to, ultimately, go to the U.S. Supreme Court — which would mark the third time the program’s fate is before the high court.

(This is the brief of a developing story that will be updated. For the full OSV News story, see your local Catholic news source.)

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