A Federal judge is threatening to negatively affect the legacy of former POTUS Barack Obama. How? Federal judge Andrew Hanen’s recent ruling has declared Barack Obama’s Deferred Action for Childhood Arrivals (DACA) policy unlawful.
The ruling has reignited a longstanding legal and political battle over the program’s fate. Therefore, Hanen’s decision can potentially impact the former president’s political legacy and has prompted strong reactions from both supporters and critics of DACA.
DACA was introduced by Obama in 2012 while he was still in power. His administration designed the program to protect undocumented children of immigrants, commonly referred to as “Dreamers.”
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However, this program doesn’t offer a direct pathway to citizenship. Instead, DACA allows those brought to the U.S. at a young age to defer deportation temporarily, enabling them to secure legal employment there.
Many Republicans and red states spearhead this legal battle against DACA. The red states are nine, including Texas, Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia. Therefore, these states joined forces with the Republicans to terminate the program.
Their argument centers on the financial harm allegedly caused by DACA, leading to a lawsuit against the policy. In addition, this ruling by Judge Hanen isn’t the first time he has declared DACA illegal. In 2021, he asserted that the program did not adhere to public notice and comment periods required by the Federal Administrative Procedures Act during its legislative process.
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Therefore, the back and forth on DACA started there. Although there hasn’t been a final judgment, Hanen’s decision affected the program, and it started receiving backlash. Moreover, they stopped the Department of Homeland Security (DHS) from implementing the Final Rule DACA until further orders from the court, the Fifth Circuit Court of Appeals, or the Supreme Court.
However, the White House responded to Hanen’s decision with profound disappointment. White House Press Secretary Karine Jean-Pierre emphasized the administration’s commitment to defending DACA and its role in protecting hundreds of thousands of recipients from deportation.
She highlighted President Biden’s directive to preserve and fortify DACA on his first day in office and stressed the disagreement with the court’s conclusion that DACA is unlawful. Despite the setback, Jean-Pierre affirmed that the DHS would continue processing renewals for current DACA recipients.
Also, the agency would still accept new DACA applications. Therefore, the administration remains dedicated to shielding Dreamers, urging Congress to provide permanent protection for the significant number of Dreamers living in the United States.
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However, the ruling has already started the debate on Obama’s DACA. It has also reignited the discussion on the role of state district courts in challenging federal laws and policies. Critics argue that the ability of any district court to strike down federal regulations at any time needs to be revised.
DACA was a significant achievement of Obama’s presidency, and the potential impact on his legacy is substantial. The internet had mixed responses, with people expressing disappointment towards Texas for initiating the lawsuit.
Some critics blame Texas conservatives, while others show frustration with the decentralized power of district courts to challenge federal laws. As the legal battle continues, the fate of DACA hangs in the balance, with no specific outcome in sight.
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