A Texas judge ruled that the Biden administration’s DACA program is illegal. DACA, or Deferred Action for Childhood Arrivals, provides work authorization and protection from deportation for undocumented immigrants who were brought to the United States as children.

The judge found that the Biden program has the same legal flaws as the Obama-era program that it replaced. The Obama program was found to be in violation of the Administrative Procedure Act because it was created without a public comment period. The Biden program did go through a formal rulemaking process, but the judge found that it was still procedurally flawed.

The ruling does not affect current DACA recipients. They can continue to renew their status. However, the ruling does prevent the government from approving new DACA applications.

The Biden administration is expected to appeal the ruling. It is unclear what the long-term impact of the ruling will be on DACA recipients.

If you have any questions about DACA or other immigration-related issues, please contact us. We can help you understand your legal options and advocate for your rights, every step of the way.