There’s hardly been a more consequential law for immigration policy over the past several years than the Administrative Procedure Act, which has been used against both the Trump and Biden administrations to great effect by those charging that the federal government is making decisions capriciously.
Among the policies in the crosshairs has been Deferred Action for Childhood Arrivals, the Obama-era executive program that since 2012 has offered hundreds of thousands of young people brought illegally into the country as children the opportunity to secure work authorization and be shielded from deportation.
In its more than 10 years of existence, DACA has been the subject of constant litigation and barely held on until, last July, Trump-appointed Texas federal Judge Andrew Hanen — quickly becoming a go-to hatchet man for conservatives hoping to nix Biden priorities — ruled it unconstitutional, allowing current enrollees to renew applications but blocking additional enrollments, and setting up the eventual termination of the policy.
