On September 13, 2023, Judge Andrew Hanen, of the Federal District Court in Houston, Texas, determined that the Deferred Action for Childhood Arrivals (DACA) Program is unconstitutional.
According to detail shared by Tarter Krinsky & Drogin LLP, Judge Hanen reached the conclusion that President Obama had exceeded his authority when he issued an Executive Order instituting the DACA Program back in 2012. However, it’s worth noting that the judge did not order the cessation of the DACA Program.
This ruling can have significant implications for employers, especially those employing recipients of the DACA program. It could raise new compliance challenges as well as potential changes to the future status of their employees who are DACA recipients.
Although more clarity will arise as further judicial reviews of the ruling take place, employers should start considering possible impacts on their workplace and prepare for potential changes in the legal landscape.
An understanding of the legal aspects of this ruling, and keeping an eye on its evolution, will be essential for legal professionals advisoring large corporations and law firms, to ensure compliance and proactive response to potential workforce changes.