🤔 What to know about DACA and a new federal ruling
A Texas federal judge ruled DACA is unconstitutional. So what does that mean for the “dreamers,” the 600,000 undocumented immigrants who arrived in the U.S. as children and are protected by the law? Here’s a quick rundown.
The ruling stemmed from an obscure but wide-ranging law: Judge Andrew Hanen wrote that DACA violated the Administrative Procedure Act, known as the Magna Carta of administrative law. The Act requires a “notice-and-comment” session for major federal decisions. Ironically, legal scholars believed the Administrative Procedure Act may have been a barrier for Trump to repeal DACA.
Action will not be taken against current dreamers: And the judge’s ruling will have no effect on dreamers who have begun the renewal process of their status (dreamers must renew every two years). But the ruling bars the federal government from granting dreamer status to new applicants.
The next steps
A permanent solution for ensuring DACA stays intact will likely need to come from Congress. Immigration reform has failed in the past, but policies for making dreamers citizens have been mentioned as priorities for Democrats.
Before any congressional action, the Biden Administration is expected to appeal the federal ruling.