STATEMENT: Judge Andrew Hanen Declares Biden’s DACA Rule Unlawful

Phoenix, Arizona - Judge Andrew Hanen expands the original injunction of the DACA program to cover Biden’s effort to codify the policy with the final rule DACA. Initial applications are closed. Over 100,000 Dreamers are stuck at the Department of Homeland Security (DHS) as they cannot process their applications. Those who received their initial DACA status before July 16, 2021, can still renew their protection from deportation.

The DACA program remains the same for over 580,000 DACA recipients as they can still renew their applications and work authorization.

DACA continues to be in limbo until a final decision is made. This means that the case will likely end up in the hands of the Supreme Court.

Maria Benitez, an undocumented student at Arizona State University, states, “The declaration on DACA by Judge Hanen reminds me of who I am, where I come from, and all the things I will not be able to do. I keep on telling myself that as long as I live, there is hope for change. I am still determined to pursue a career in the medical field. I hope there is a way for me to achieve my goals.”

Reyna Montoya, founder & CEO at Aliento and DACA recipient, states, “Once again, thousands of Dreamers, including our undocumented youth who were stuck on the DACA program, remain in legal limbo. This means that DACA recipients like me remain uncertain, knowing that the Supreme Court could soon end the DACA program. Close to 100,000 undocumented youth remain without status. The reality is that Congress and the Biden Administration can end this uncertainty, anxiety, and stress by passing legislation to protect Dreamers and provide a permanent solution.”

###

Aliento serves undocumented, DACA, and mixed immigration status families to transform trauma into hope and action. Aliento is youth-led, directly impacted people and allies who are co-creating and building a place where human potential is nurtured and not defined by immigration status. Aliento supports students and families impacted by the inequities of lacking an immigration status through education initiatives, arts & healing programming, leadership development training, policy & advocacy.