A federal trial court has ruled once again that the Obama-era Deferred Action for Childhood Arrivals (DACA) program is fatally flawed despite the Biden Administration’s efforts to codify it by issuing formal regulations. The solution for the DACA program’s deficiencies “lies with the legislature, not the executive or judicial branches,” the U.S. District Court for the Southern District of Texas said September 13 in Texas v. United States. The court’s latest ruling leaves in force its previously issued permanent injunction preventing the Department of Homeland Security (DHS) from approving new or pending DACA applications. However, the court suspended its order vacating DACA benefits for current beneficiaries (nicknamed “Dreamers”) so they can continue to renew their DACA status, at least until a higher court weighs in or Congress acts.
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