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Federal judge again declares that DACA is illegal with issue likely to be decided by Supreme Court

US District Judge Andrew Hanen agreed with Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The judge’s September 13, 2023 ruling was ultimately expected to be appealed to the US Supreme Court, sending the program’s fate before the high court for a third time.

Hanen’s order extended the current injunction that had been in place against DACA, which barred the government from approving any new applications but left the program intact for existing recipients during the ongoing legal review.


Hanen also declined a request by the states to order the program’s end within two years. Hanen said his order does not require the federal government to take any actions against DACA recipients, who are known as “Dreamers.”


Read about proposed changes in Immigration Court Regulations, which support the judicial independence of Immigration Judges in decisions to administratively close cases. 

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