Immigration

Federal court rules revised DACA program also illegal, many question what’s next for Dreamers

Despite its ruling, the court declined to order an end to the program and the protections it offers current recipients within two years, saying the federal government is not required to take any actions against DACA recipients.

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FILE: Protesters gathered outside the federal courthouse in Houston to oppose the state of Texas’ challenge of DACA. Taken on June 1, 2023.

A federal judge in Houston has struck down a revised version of the Delayed Action for Childhood Arrivals, or DACA Program. Now, there are questions about what's next for so-called "Dreamers".

New DACA applications were halted in 2022 when Judge Andrew Hanen initially deemed the program unlawful. He again ruled late Wednesday that the Biden administration's updates to the program were also illegal.

Hanen sided with Texas and eight other states that the executive branch overstepped its constitutional power by creating the program and that the responsibility for amending immigration policy "lies with the legislature, not the executive or judicial branches."

"The Executive Branch cannot usurp the power bestowed on Congress by the Constitution," Hanen wrote in his ruling, which is expected to be appealed.

However, the court declined to order an end to the program and the protections it offers current recipients within two years, saying the federal government is not required to take any actions against DACA recipients.

Cesar Espinosa, executive director of FIEL, an immigrant-led advocacy organization said there are around 50,000 current DACA recipients, or "Dreamers," in the Houston area left in legal limbo by the latest ruling.

MORE: Espinosa discusses the ruling on Houston Matters

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"As soon as the news broke, all of our channels of communication were basically swamped with phone calls from folks wondering what was happening, wondering what they could do now, wondering if there was anything that they should do," he said. "So obviously, this leads to a lot of anxiety in our community."

Espinosa said all it would take is one ruling to strip thousands of people of their legal status.

"We would be losing teachers and doctors and paramedics and news people, so it's really important for us to continue to at least hold this program, but more than anything, ask for a permanent solution for these folks," he said. "We're frustrated with Congress and their continued failure to act."

Espinosa says FIEL will be meeting with local representatives to call for permanent protections for current DACA recipients.

Rebecca Noel

Rebecca Noel

Reporter

Rebecca Noel is a daily reporter at Houston Public Media. She covers a wide range of topics, including state and local government, public health and the Texas electrical grid. Rebecca has also covered Houston-area school districts, including Houston ISD and Katy ISD, some of the largest in the state.Rebecca is...

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