Joe Biden criticises DACA’s suspension as ‘deeply disappointing’, pledges appeal

A federal judge’s decision to suspend a programme that shields illegal migrants brought to the nation as youngsters was criticised by US President Joe Biden on Saturday as “deeply disappointing.”

Biden said in a statement from the White House that the Justice Department will appeal Judge Andrew Hanen’s decision, but that “only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers,” or young individuals brought to the United States as children.

Also Read | All about Deferred Action for Childhood Arrivals policy

In June 2020, proponents of DACA were granted a temporary respite when the Supreme Court decided, 5-4, that the Trump administration had failed to give adequate reason for its attempts to abolish the programme.

It made it apparent that it was mostly deciding on procedural matters, and it left the door open to additional challenges.

However, Hanen’s decision was restricted. If the issue returns to the top court, it’s uncertain how the nine justices will decide.

Around 700,000 people are covered by the Deferred Action for Childhood Arrivals programme, which was established by then-President Barack Obama in 2012 and grants them legal status as well as the freedom to work. 

Hanen ruled that Obama overstepped his jurisdiction when he implemented DACA by executive order. He described the directive as “unlawful.”

Hanen stated that the government must cease accepting individuals into the programme, while he emphasised that applications may still be received.

Also Read | Federal judge in Texas rules DACA unlawful, blocks new applicants

The Department of Homeland Security and the Department of Justice, he added, were not required to comply with the judgement, or to “take any immigration, deportation, or criminal action against any DACA recipient, applicant, or any other individual that it would not otherwise take.”

The decision had no immediate impact on those who had previously been admitted into the programme.

To be eligible for DACA, applicants must have arrived in the United States before the age of sixteen.

Applicants must be enrolled in school or have a high school diploma or equivalent, or have served in the military and have a clean criminal record.

In 2017, as part of a broader effort to curb immigration, then-President Donald Trump attempted to repeal DACA, claiming Obama had overstepped his constitutional authority. This sparked a protracted legal struggle that culminated in the case being heard by the Supreme Court last year.  After that, DACA was revived.

Biden has worked to enhance the programme as well as begin broader immigration reform since assuming office.

Democrats in Congress have campaigned for legislation to permanently resolve the status of the population who arrived as children, but immigration measures have long been delayed due to Republican resistance.

Also Read | Democratic senator unveils plan granting citizenship to immigrants in Minnesota

Obama reiterated Biden’s plea on Congress to find a lasting solution for the Dreamers in a tweet on Saturday.

“For more than nine years, DREAMers have watched courts and politicians debate whether they’ll be allowed to stay in the only country many of them have ever known. It’s long past time for Congress to act and give them the protection and certainty they deserve,” he wrote.

House Speaker Nancy Pelosi issued a statement following the judgement on Friday “to join us in respecting the will of the American people and the law, to ensure that Dreamers have a permanent path to citizenship.”