DACA Ruled Illegal, Government Permitted To Process Renewal Applications

Federal Judge Andrew S. Hanen ruled Wednesday that the Biden administration's regulation protecting Deferred Action for Childhood Arrivals (DACA) is illegal.

Key Points:

• Judge Hanen ruled that DACA was illegal n 2021, saying the Obama administration did not follow proper steps when it created the program in 2012.
• The Fifth Circuit Court of Appeals upheld this ruling, but also asked Hanen to review the legality of a Biden administration final rule published in August 2022 to "preserve and fortify" DACA.
• On Wednesday, Hanen ruled that this regulation was also unlawful, saying there is no material difference between the 2012 memorandum and the 2022 rule.
• Under the ruling, the Department of Homeland Security will continue to be enjoined from approving first-time DACA requests. The agency will continue to be permitted to adjudicate renewal applications (both DACA and employment authorization) and advance parole requests for existing DACA recipients.