Biden, who was vice president when then-President Barack Obama signed the executive branch memorandum implementing DACA, explained his Justice Department will fight Judge Andrew Hanen's Friday ruling in court.
"While the court’s order does not now affect current DACA recipients, this decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future," Biden announced in a statement. "The Department of Justice intends to appeal this decision in order to preserve and fortify DACA. And, as the court recognized, the Department of Homeland Security plans to issue a proposed rule concerning DACA in the near future."
The president called on Congress to pass a legislative fix, stating, "Congress has not acted to provide a path to citizenship for Dreamers."
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"Only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve. I have repeatedly called on Congress to pass the American Dream and Promise Act, and I now renew that call with the greatest urgency," he went on. "It is my fervent hope that through reconciliation or other means, Congress will finally provide security to all Dreamers, who have lived too long in fear."
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Hanen's Friday ruling that DACA is illegal further alluded to Congress's authority to enact immigration laws.
"DACA is an unreasonable interpretation of the law because it usurps the power of Congress to dictate a national scheme of immigration laws," he stated.
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Hanen's choice to strike down the 2012 program does not immediately revoke the permits for the roughly 635,000 people protected under the program as of Dec. 31, 2020.
Former President Donald Trump tried to stop DACA, though the Supreme Court ruled in the summer of 2020 that his administration could not immediately continue with its plan to stop the program. One day after his inauguration, Biden issued a memo in favor of preserving DACA.
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About 50,000 applications were filed after the program resumed in December.
Several pro-immigration advocacy groups condemned Hanen's ruling, with the American Civil Liberties Union foreshadowing future litigation.
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"This ruling is wrong and is subject to appeal," the ACLU announced in a statement.
Opponents of the program praised Hanen's ruling, with Texas Attorney General Ken Paxton tweeting that he "defeat[ed the] Biden Administration — AGAIN — on illegal immigration."
In May, Paxton praised a federal court's dismissal of his immigration lawsuit upon the Biden administration as a win, explaining that the result will restore immigration law.
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