The legal battle between the State of Texas and the United States over the Deferred Action for Childhood Arrivals (DACA) program is part of the ongoing debate on immigration policy, executive authority, and the rights of undocumented children brought to the U.S. by their parents. Established in 2012 by the Obama administration, DACA provides certain undocumented immigrants who arrived in the U.S. as minors with temporary protection from deportation and eligibility for work permits.
Background and Key Legal Issues
- DACA’s Establishment and Legal Challenges: The program was created by executive action, not by an act of Congress. This raised questions about whether the executive branch overstepped its authority. Critics, including Texas and other states, argue that the program circumvents immigration laws set by Congress and violates the Administrative Procedure Act (APA), which governs how federal agencies develop and issue regulations.
- The Texas Argument: Texas and several other states have argued that DACA is illegal because it places an undue financial burden on states by requiring them to provide social services, education, and health care to DACA recipients. They argue that only Congress has the authority to create such broad immigration policies, and that executive action is insufficient for a program of DACA’s scope.
- The U.S. Government’s Defense: Supporters of DACA contend that the program is a lawful exercise of prosecutorial discretion. They argue that the Department of Homeland Security (DHS) has the authority to determine how and when to enforce deportation laws. The federal government also argues that rescinding DACA would harm those that have relied on its protections and have established lives in the U.S.
- Court Rulings: Since its inception, DACA has faced numerous legal challenges. In 2020, the U.S. Supreme Court ruled that the Trump administration’s attempt to end DACA was arbitrary and capricious under the APA but did not rule on DACA’s underlying legality.
Implications
- Impact on DACA Recipients: The decision affects around 600,000 individuals currently enrolled in DACA, many of whom have lived in the U.S. for most of their lives. The ruling also impacts potential new applicants, as the court has placed a hold on new DACA applications while allowing renewals for current recipients.
- Federal vs. State Authority: This case underscores the tension between state and federal authority over immigration. Texas focuses on the economic impact of DACA on states, while the U.S. government emphasizes federal supremacy in setting immigration policy.
- Congressional Action: The ongoing legal battles highlight the lack of comprehensive immigration reform by Congress, leaving many immigration issues to be resolved in court. Bipartisan efforts to pass legislation to protect DACA recipients, often known as “Dreamers,” have been introduced but has yet to pass.
Potential Outcomes
The Supreme Court’s potential review of this case would determine the future of DACA. A ruling in favor of Texas could end the program, putting hundreds of thousands at risk of deportation. A decision favoring the U.S. government might affirm the executive branch’s ability to implement similar programs in the future. Congress, meanwhile, could enact legislation to permanently protect Dreamers, which remains the only option for a long-term resolution.
