Thursday, July 7

Texas judge bans more DACA permits from being issued


A Texas judge rules against the DACA immigration benefit.

A Texas judge rules against the DACA immigration benefit.
EFE

A federal judge in Texas ruled this Friday that the Deferred Action for Childhood Immigrants (DACA) program violated U.S. law when it was created and prohibited to grant new permits under this framework. Texas District Judge Andrew Hanen sided with a group of states, led by Texas, that called for an end to the program, arguing that it was created illegally in 2012 by former President Barack Obama (2009-2017). The decision comes nearly seven months after Hanen heard the arguments of the parties in this lawsuit led by Texas Attorney General Ken Paxton against the federal benefit, which currently protects more than 650,000 undocumented youth and that it was open to new applicants. In his conclusion, Hanen said that the Department of Homeland Security (DHS) violated an administrative law with the creation of DACA and its continued operation.

The judge agreed with part of the Texas lawsuit, filed in 2018, along with eight other Republican states and denied the requests of the program’s defenders, led by the Mexican American Fund for Legal Education and Defense (MALDEF). , which represents immigrants in this case. In the 77-page brief, Hanen referred to a decision made by himself in 2015 when he ruled against a twin program and that it sought to shelter the parents of the ‘dreamers’, but that never came into force by the Texas judge ruling. He also cited the 2018 Supreme Court ruling on the program, which overturned the actions taken by former President Donald Trump (2017-2021), for not following the mechanisms established in the law when he interrupted DACA in 2017. However, he did not assess the legality of the program.

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Despite his ruling, Hanen made it clear that his decision does not require the Joe Biden Government to take “any deportation action or criminal against DACA recipients “, and will allow the current immigration protections to be renewed, which give a temporary residence and work permit for their beneficiaries. In the judge’s opinion, “it would not be fair to suddenly end a government program that has created such a remarkable dependency.”

Paxton’s legal challenge was supported by the states of Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, and West Virginia.

They urge the US Congress to protect the ‘dreamers’

Democratic leaders and activist groups criticized Hanen’s order and urged Congress to give a stable immigration status thousands of undocumented youth who came to the country as children. One of the first to show his support for the so-called ‘dreamers’ was the governor of California, Democrat Gavin Newsom, who said that these young people represent “the best” of what America is as a “nation” and therefore, Congress must offer them a new immigration system that opens for them “a clear path to citizenship.”

Also from California is federal senator Alex Padilla, who this week was confident in the success of the Democratic tactic to try to avoid obstructionism and incorporate access to citizenship this year for millions of immigrants, including the ‘dreamers’ in a general budget law. “It is more important than ever that Congress act to protect dreamers and provide a path to citizenship,” he said on Twitter. Padilla is part of the Congressional Hispanic Caucus (CHC), which brings together Democratic congressmen and who, after hearing the ruling of Judge Andrew Hanen, lamented that the “dreamers” have lived in “limbo for too long” and argued that on Capitol they must pass “permanent protections” for these young people, who should have access, in their opinion, to citizenship. One of the members of the CHC, the representative for Texas Joaquín Castro, described the decision as “terrible”.

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A request similar to that of the CHC came from the Alliance of Presidents on Higher Education and Immigration, which includes a hundred university presidents from across the nation, who saw Hanen’s ruling as a reminder of the “urgent need” for legislation. to permanently protect “dreamers” from deportation, just as DACA does. For its part, the Latin group Coalition for the Human Rights of Immigrants of Los Angeles (CHIRLA) opted for the formula that the Democrats have chosen this week called “reconciliation”, which would allow a simple majority to approve the path to citizenship for those covered by DACA, Temporary Protected Status (TPS) and undocumented workers considered “essential.” By ordinary means, at least 10 Republican votes in the Senate would be necessary to approve the different bills that would open a path to citizenship for millions of immigrants, but there are serious doubts that that number can be collected and thus avoid the foreseeable blockade to these measures in the Upper House.

Todd Schulte, chairman of another lobby group, in this case the big tech lobby group, FWD.us, said the ruling is “deeply disappointing” as DACA has transformed “hundreds of thousands of lives,” and urged Congress to act “immediately” to find a stable migration exit for these young people. “Today he makes it absolutely clear: only one permanent legislative solution passed by Congress will remove the fear and uncertainty that DACA recipients have been forced to live with for years, “he said.


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