The judge said President Barack Obama exceeded his authority when he created the program, but for now people protected under it will retain the ability to stay and work in the United States.
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A federal judge in Texas on Friday ruled unlawful a program that has shielded hundreds of thousands of undocumented young adults from deportation, throwing into question yet again the fate of immigrants known as Dreamers.
The judge, Andrew S. Hanen of the United States District Court in Houston, said President Barack Obama exceeded his authority when he created the program, Deferred Action for Childhood Arrivals, by executive order in 2012.
But the judge wrote that current program recipients would not be immediately affected, and that the federal government should not “take any immigration, deportation or criminal action” against them that it “would not otherwise take.”
The Department of Homeland Security may continue to accept new applications and renewals for the program known as DACA, the judge ruled, but it is temporarily prohibited from approving any of them. Immigrants currently enrolled in the program, most of whom were brought to the United States as children, will for now retain the ability to stay and work in the country, though those protections could evaporate if the government is unable to rectify a series of legal shortcomings.