Frozen Promise: The Future of DACA Hangs in the Balance

A federal judge in Texas has once again ruled against the legality of the Deferred Action for Childhood Arrivals (DACA) program, reigniting the legal debate over the fate of thousands of individuals who arrived in the United States as children without legal documentation.

U.S. District Judge Andrew Hanen reaffirmed his earlier decision that even the revised version of the Obama-era program does not meet the requirements of federal law. Originally enacted through executive order in 2012, DACA was designed to protect certain undocumented immigrants from deportation and provide them with work authorization, provided they met specific criteria.

In his latest ruling, Hanen declared that the current version of the program—modified under the Biden administration—remains legally insufficient. He reiterated that the Department of Homeland Security (DHS) is prohibited from granting any new DACA applications. However, those who received DACA protections before July 16, 2021, are still eligible to renew their status under the existing framework.

Judge Hanen noted that his previous ruling from July 2021, which vacated the original 2012 memorandum creating DACA, still stands. That earlier decision found that the federal government had failed to follow proper administrative procedures, including public notice and comment periods as required by the Administrative Procedure Act.

In his most recent opinion, Hanen wrote that “the Department of Homeland Security is enjoined from implementing Final Rule DACA until a further order of the Court, the Fifth Circuit Court of Appeals, or the Supreme Court of the United States.” He further clarified that while DHS may continue to receive initial applications, it is not permitted to approve them. DHS was also instructed to publicly post the details of the injunction on its website and other relevant government portals.

Importantly, the judge allowed the government to continue renewing DACA protections for those already covered prior to the 2021 injunction. This provides a lifeline—albeit a temporary one—for the hundreds of thousands who currently depend on DACA status to live and work in the U.S. legally.

This decision followed a recent court hearing where representatives from nine states—including Texas, Alabama, and Arkansas—argued for the permanent termination of DACA. They claimed the program imposes significant financial burdens on their states by increasing the demand for public services like healthcare, education, and law enforcement.

The federal government, along with advocates for DACA recipients, countered that the policy provides stability for individuals who were brought into the country as children and have since built lives in the United States. Many recipients, often called “Dreamers,” have little to no memory of the countries of their birth and are culturally and socially American.

Following Hanen’s decision, the White House released a statement expressing disappointment and reaffirming its commitment to protecting the program. “We are deeply disappointed in today’s DACA ruling from the District Court in Southern Texas,” the statement read. “On day one of his Administration, President Biden issued a memorandum directing the federal government to take all appropriate actions to ‘preserve and fortify’ the DACA policy.”

The statement continued: “As we have long maintained, we disagree with the District Court’s conclusion that DACA is unlawful, and will continue to defend this critical policy from legal challenges. While we do so, consistent with the court’s order, DHS will continue to process renewals for current DACA recipients and DHS may continue to accept DACA applications.”

Despite the renewed legal setback, no final judgment has yet been entered in the case. This means the broader legal questions surrounding DACA are still unresolved and may ultimately be decided by the U.S. Supreme Court.

For now, the program remains in a state of partial operation—renewals allowed, new applications on hold—leaving many Dreamers once again in legal limbo. Their futures, suspended between competing legal interpretations and political battles, are as uncertain as ever.

As lawmakers and courts continue to grapple with the issue, one thing remains clear: the fate of DACA and the lives it affects is far from settled. Whether it ultimately becomes a permanent fixture of U.S. immigration policy or a relic of a once-promised protection, remains to be seen.

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