AILA: Judge Hanen Again Ignores Sound Legal Precedent in DACA Decision

Washington, DC - Leaders from the American Immigration Lawyers Association (AILA) shared the following statement regarding the latest ruling by Texas federal judge Andrew Hanen against the Deferred Action for Childhood Arrivals (DACA) program:

AILA President Farshad Owji stated, “In plain terms, Judge Hanen’s ruling is incorrect. DACA is well within the President’s constitutionally granted authority. Since it was created, DACA has protected thousands of Dreamers who have strengthened American families, communities, and the economy. The decision from Judge Hanen allows current DACA recipients to maintain their status, and U.S. Citizenship and Immigration Services will continue processing renewals for DACA status, which will keep hundreds of thousands of people safe from deportation. But new applicants are still stuck needlessly waiting, facing an uncertain future.”

AILA Executive Director Benjamin Johnson added, “This decision – and the continuing litigation against DACA – makes one thing clear: Congress absolutely has to act now and pass legislation that provides lasting, permanent legal status and a path to citizenship for Dreamers and others who have lived in the United States and call this country home. Frankly, this continued litigation against a program that clearly falls within the legal authority of the executive branch squanders taxpayer money and wastes time and energy that would be far better spent stabilizing American families after the pandemic and growing American businesses. This uncertainty can be resolved once and for all if Congress steps up and does what the vast majority of American voters want: protect Dreamers permanently and give them a path to citizenship. Congress needs to get it done.”