DACA deemed illegal, recipients shouldn’t be worried

By Raymond Nava

The federal judge’s ruling declaring a revised version of Deferred Action for Childhood Arrivals was wrong but recipients shouldn’t be worried too much. 

On September 13,  judge Andrew Hanen in Texas ruled a revised version of DACA was illegal. 

This of course has caused many questions and concerns but as of now, current recipients of DACA will not be affected.

The ruling against DACA is wrong, but is no surprise coming from a right wing judge.

 The Supreme Court has ruled that the Trump administration wrongly ended DACA and allowed the program to continue. 

This is a case of another activist judge ruling against something based on his own belief. 

This follows an obvious pattern of conservative judges consistently ruling against Supreme Court decisions that have already settled cases surrounding the same issue.

Despite this ruling, there shouldn’t be a worry from current recipients about whether DACA itself will be fully terminated. 

For years DACA has been a target from Republicans who have constantly seeked to end it. 

The ruling in Texas notably only related to the scope of the revised version of DACA, not the program itself. 

The ruling is very likely going to be appealed all the way back to the Supreme Court, but there’s reason to believe the court will once again allow DACA to remain.

In 2022, the Supreme Court overturned Roe v. Wade, the Supreme Court decision that guaranteed a woman’s constitutional right to abortion, in a decision that was denounced across the country and has eroded the court’s legitimacy. 

Since then, the court has issued small right decisions, which can be interpreted as the court trying to give the false impression of legitimacy. 

Last month  the Supreme Court ruled that Alabama Republicans violated the Voting Rights Act by racially gerrymandered their congressional map against African Americans. 

This came as a shock since the court has previously been chipping away at the VRA over the years and even denied a request regarding the same issue last year.

 It’s possible the Supreme Court will once again allow DACA to stay in an effort to save face.

Another reason as to why DACA is likely to stay is that the judge in Texas could have easily declared it illegal entirely and made it so current recipients were also affected but he chose not to. 

That’s not to say the judge had a sudden change of heart, but it’s worth pointing out. At the end of the day, we can’t say for sure what the fate of DACA will be. 

What we do know about what the program has gone through over the years should give supporters and recipients a glimmer of hope.

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