US judge rules against Biden’s immigration policy regulation for ‘Dreamers’

A US judge on Wednesday (local time) ruled against a programme offering deportation relief and work permits to immigrants brought to the country illegally as children, known as “Dreamers”, despite an attempt by President Joe Biden’s administration to bolster the initiative’s standing with a new regulation.

The decision by Texas-based US District Court Judge Andrew Hanen deals a fresh setback to the programme, called Deferred Action for Childhood Arrivals (DACA), and its 579,000 enrollees and other immigrants who might have hoped to be approved.

Hanen, a Republican-appointed judge, found a regulation issued last year by Biden’s Democratic administration did not remedy legal deficiencies that led him to find DACA unlawful in 2021 and block any expansion of the programme, which has been in place for more than a decade.

The US Department of Homeland Security can continue to renew the status of those enrolled in DACA prior to Hanen’s 2021 ruling, he said. Many DACA recipients speak English and have jobs, homes and families in the US.

Hanen wrote that the order did not require US immigration authorities “to take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that would otherwise not be taken”.

The ruling, which came in response to a lawsuit brought by Texas and other states, is expected to be appealed.

The US Department of Justice declined to comment and the office of Texas Republican Governor Greg Abbott did not immediately respond to a request for comment.

Thomas Saenz, president of the Mexican American Legal Defence and Educational Fund (MALDEF), which represents DACA recipients siding with the Biden administration in the litigation, called Hanen’s ruling “more of the same flawed analysis”.

Biden, who is seeking re-election in 2024, has made it a priority to defend DACA, which was created in 2012 under former President Barack Obama when Biden was the vice president. Texas and eight other states with Republican attorneys general argued that the program violated federal regulatory law and saddled them with costs related to education, healthcare and law enforcement.

In October 2022, the conservative-leaning fifth US Circuit Court of Appeals affirmed Hanen’s ruling against DACA, but sent the case back to him for reconsideration in light of Biden’s regulation formalising the programme.

Former President Donald Trump, a Republican seeking re-election in 2024, sought to end DACA but was rebuffed by the US Supreme Court, which found his termination did not comply with regulatory laws.

Some 81 per cent of DACA enrollees are from Mexico, followed by those from El Salvador, Guatemala and Honduras, according to US Citizenship and Immigration Services data. About 164,000 live in California, which supports the legal efforts to defend the DACA programme, while Texas is home to 95,000.