Biden to Appeal Judge Injunction on DACA

Sign at a protest demanding passage of a Clean Dream Act in El Paso, Texas, March 5, 2018. (Jose Luis Gonzalez/Reuters)

The Biden administration will appeal an injunction ordered by a federal judge on Friday pertaining to the Deferred Action for Childhood Arrivals (DACA) program, first established under Barack Obama.

Judge Andrew Hanen ruled that the Obama administration violated the Administrative Procedure Act and announced that “the DACA memorandum and the DACA program it created are hereby vacated and remanded to the DHS for further consideration.” His judgment, however, does not affect the over 600,000 people already enrolled.

President Joe Biden called the result “deeply disappointing,” but he also noted that “only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve.”

Obama, prior to creating the program, had argued that he lacked the authority under the Constitution to do so, asserting that only Congress had such power.

Biden’s statement also announced that “the Department of Justice intends to appeal this decision in order to preserve and fortify DACA.”

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