Biden, Democrats Lash Out After Federal Judge Rules Against Their Wishes And Suspends DACA

Joe Biden on Saturday lashed out against a federal court’s decision to rule against the Obama-era Deferred Action for Childhood Arrivals (DACA) program, effectively suspending it. Railing against the decision, Biden called the court’s ruling “deeply disappointing” and called on Congress to pass legislation that would effectively make the legislation permanent and immune from court rulings. Such as bill would grant illegal aliens protection from deportation under the program, which provides a long-term pathway to citizenship.

“Yesterday’s Federal court ruling is deeply disappointing,” Biden said in a statement. “While the court’s order does not now affect current DACA recipients, this decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future.”

He stated that “only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve.”

“I have repeatedly called on Congress to pass the American Dream and Promise Act, and I now renew that call with the greatest urgency,” he added. “It is my fervent hope that through reconciliation or other means, Congress will finally provide security to all Dreamers, who have lived too long in fear.”

On Friday, federal court Judge Andrew Hanen of Texas ordered the Biden administration to stop all applications for DACA, ruling that the Obama-era program was illegal.

DACA was first established under the Obama administration in 2012 and provided illegal migrants protection from deportation and work permits to illegal migrants who entered the country as minors. Around 700,000 individuals are estimated to have been granted protection under the DACA program, and hundreds of thousands more are deemed eligible.

In a split ruling, Hanen found that the Department of Homeland Security violated the Administrative Procedure Act in creating the policy. He ruled that the policy was implemented unlawfully and ordered the DHS to immediately cease its approval of DACA applications – but said that it could continue to accept them for future reference. The ruling does not alter the status of any currently approved DACA recipient.

According to Fox News, the judge found that the DHS’ interpretation of statutes was “overly broad” and the laws did not carry the authority for the federal government to institute the DACA program.

“DACA would grant lawful presence and work authorization to over a million people for whom Congress had made no provision and has consistently refused to make such a provision,” Hanen stated.

The Biden administration says it will appeal the ruling, and the Department of Homeland Security will issue a proposed rule regarding DACA.

“I am disappointed by yesterday’s ruling and its impact on families across the country, but it will not derail our efforts to protect Dreamers,” DHS Secretary Alejandro Mayorkas said in a statement. “The Biden-Harris Administration—and this country—remain as committed as ever to ensuring that Dreamers are protected from the threat of deportation and are allowed to continue to contribute to this country that is their home.”

Mayorkas stated that DACA renewals would continue to be processed but added that “only the passage of legislation will give full protection and a path to citizenship to DACA recipients.”

The DACA case landed in federal court after it was brought by a coalition of states led by Texas, which argued that the policy violated both the APA and the Constitution. Even though arguments over DACA’s implementation have been fought for almost a decade, this is the first time that a court had declared the program illegal.

Former President Donald Trump attempted to revoke the program but was largely shot down by the Supreme Court, which found that his efforts were performed in a manner that was “arbitrary and capricious.” However, the Supreme Court did not issue a ruling on DACA itself, allowing other cases to continue.

Upon his entry into the oval office, Biden signed a memo to protect DACA, calling on the DHS to take all actions to preserve the program and called on Congress to come up with a plan to provide DACA applicants with a path to citizenship.

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