On Wednesday, September 13, 2023, U.S. District Court Judge Andrew Hanen declared the Biden Administration’s revised version of the Deferred Action for Childhood Arrivals (DACA) program illegal. While expressing sympathy for DACA, Judge Hanen agreed with Texas and eight other states that the program is beyond the authority of the Executive Branch.

The DACA program was created and initiated by the Obama administration in 2012. The program protects eligible youth immigrants from removal and provides them with work authorization. Judge Hanen’s decision keeps in place an injunction barring the government from accepting new applications but allows the program to continue for existing recipients during the ongoing legal review. The case is expected to reach the Supreme Court. 

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