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Revised version of DACA program to be heard before Texas judge who previously dissented

HOUSTON (AP) — Revised federal policy to stop the deportation of hundreds of thousands of immigrants brought to the U.S. as children stands before a federal judge who previously ruled the program illegal on Thursday. will be deliberated on.

Attorneys from nine states, U.S. Department of Justice attorneys, and DACA recipient attorneys who have filed lawsuits to end child immigration deferral programs will appear before U.S. District Judge Andrew Heinen was.

In 2021, Hannen declared DACA illegal, ruling that the program did not have the public notice and comment periods required by the Federal Administrative Procedure Act. Hannen also said states seeking a block are entitled to sue because they have been harmed by the program.

States claimed hundreds of millions of dollars in medical, education, and other costs for immigrants admitted to staying illegally. The states that have filed lawsuits are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.

The New Orleans Fifth Circuit Court of Appeals upheld Mr. Heinen’s 2022 ruling, but remanded the case back to him for review of program changes by the Biden administration.

The new version of DACA went into effect in October and was subject to public comment as part of the formal rulemaking process.

Texas and other states argued in court filings that the updated program was essentially the same as the original 2012 memo and remained “illegal and unconstitutional.” States also allege that the White House’s approval of congressional-determined immigration benefits violated its authority.

In court filings, the Justice Department argued that states failed to demonstrate direct harm from DACA and that Congress gave the Department of Homeland Security “the authority and duty to set immigration enforcement policies.”

“DACA is legal. DACA is in line with many of the policies that the U.S. government has taken under various presidents in the past,” said a Mexican-American speaking before Hanen on behalf of DACA recipients. said Nina Perales of the Human Rights and Education Foundation.

Hannen left the Obama-era program intact for those who have already benefited from it. However, it ruled that no new applicants will be admitted while the appeal is pending.

As of the end of December, 580,310 people were enrolled in DACA, according to the U.S. Citizenship and Immigration Service.

Hannen is not expected to make an immediate decision after Thursday’s court hearing. But whatever decision he makes is expected to end up in the Supreme Court for the third time.

In 2016, the Supreme Court stalled 4-4 over DACA expansion and programs for parents of DACA recipients. In 2020, the High Court ruled 5-4 that the Trump administration wrongfully terminated DACA and allowed it to continue.

President Joe Biden and advocacy groups are calling on Congress to pass permanent protection for those who are commonly referred to as “dreamers” who are protected by DACA. Congress has repeatedly failed to pass a proposal called the DREAM Act to protect DACA recipients.

___

Follow Juan A. Lozano on Twitter: https://twitter.com/juanlozano70



https://fox40.com/news/national/ap-us-news/revised-daca-program-to-be-debated-before-texas-judge-who-previously-ruled-against-it/ Revised version of DACA program to be heard before Texas judge who previously dissented

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