Now, that argument, and the question of the program’s legality is likely to go up to the Supreme Court once again after the high court previously allowed DACA to stay in place. The current legal challenge of the program was levied by nine states including Texas, Alabama, and Arkansas, who argue that they’ve been harmed by undocumented people using government services like health care. The Executive Branch cannot usurp the power bestowed on Congress by the Constitution - even to fill a void.” “Congress, for any number of reasons, has decided not to pass DACA-like legislation. “The solution for these deficiencies lies with the legislature, not the executive or judicial branches,” Hanen wrote in his decision. In a Wednesday decision, Texas District Court Judge Andrew Hanen concluded that President Barack Obama, who created the program using executive authority, overstepped his constitutional powers. If the program were ultimately ruled illegal by the Supreme Court, it could mean that DACA recipients might lose their ability to work and face greater risks of deportation. DACA recipients, however, aren’t able to access key government programs and aren’t guaranteed a path to permanent legal status or citizenship.
The Obama-era program covers roughly 580,000 undocumented immigrants who came to the US as children, providing them both work authorization and a shield from deportation.
This decision means that DACA recipients who are currently in the program will continue to have some protections, but new applicants still won’t be able to apply. This week, DACA - or the Deferred Action for Childhood Arrivals program - was dealt another blow in court after a federal judge deemed the program illegal, but stopped short of ending it for now.
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