Texas judge drops DACA bombshell: it’s unconstitutional

AP Photo/Jose Luis Magana

In a Texas-sized twist, federal Judge Andrew Hanen declared the DACA program unconstitutional, challenging the Obama-era safeguard that's protected over half a million 'Dreamers' from deportation.

In a 40-page verdict, Hanen stressed that executive decisions shouldn't overrule congressional authority.

“While sympathetic to the predicament of DACA recipients and their families, this court has expressed concerns about the legality of the program for some time. The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, decided not to pass DACA-like legislation,” Hanen wrote, the Daily Wire reported.

“Congress’ alleged failure to pass, or, stated differently, its decision not to enact legislation, does not empower the Executive Branch to ‘legislate’ on its own — especially when that ‘legislation’ is contrary to actual existing legislation. The Executive Branch cannot usurp the power bestowed on Congress — even to fill a void,” he added.

This judgment follows a lawsuit from nine states, including Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi, which challenged DACA's legality under both the Obama and Biden watches. Texas Attorney General Ken Paxton previously called out Biden's efforts as a push for “mass amnesty.”

The Daily Wire reported:

The federal government, New Jersey, and the Mexican American Legal Defense and Education Fund (MALDEF) have argued for DACA.

The court order adds that the decision does not require the Department of Homeland Security or the Justice Department to “take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that would otherwise not be taken.”

The fate of DACA will likely be determined by the Supreme Court, which previously ruled 5-4 in 2020 that the Trump administration could not end the program.

The Biden administration said it was disappointed by the decision, adding that it would push Congress to pass DACA-style legislation.