Federal judge reiterates the unlawfulness of the DACA immigration program, yet permits its continuation.

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DACA Program Faces Potential Cancellation in Texas Court Battle

Washington — In a recent court battle, a federal judge in Texas has once again declared the Deferred Action for Childhood Arrivals (DACA) program unlawful. However, the judge refrained from ordering the termination of deportation protections and work permits for the approximately 580,000 immigrant “Dreamers.” This ruling comes in response to a request from Republican-led states, with Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas ruling that the Biden administration’s effort to codify the DACA policy into a federal regulation was illegal. It is worth noting that Hanen previously made a similar ruling in 2021, when he found that the original Obama administration memo that created DACA in 2012 was also unlawful.

Although Hanen agreed to the request from Republican officials in Texas and eight other states to declare the Biden administration regulation illegal, he did not grant their request to completely terminate DACA within two years. In 2021, Hanen allowed existing DACA beneficiaries to continue renewing their two-year work permits and deportation protections, even though the program was closed to new applicants. The Biden administration is expected to appeal this recent ruling, and it is likely that the case will eventually reach the Supreme Court. The 5th Circuit Court of Appeals, responsible for reviewing appeals of Hanen’s rulings, also declared DACA illegal last year.

Since its inception in 2012, DACA has provided a pathway for hundreds of thousands of immigrants who arrived in the United States illegally as children or overstayed their visas to live and work in the country without fear of deportation, as long as they meet specific requirements. These requirements include having no serious criminal record, arriving in the U.S. before June 2007 and before the age of 16, and either graduating from an American high school or serving in the military. As of the end of March, government data shows that there were approximately 578,680 immigrants enrolled in DACA, with more than half of them residing in California, Texas, Illinois, and New York.

The ruling by Judge Hanen has once again thrown the future of DACA into uncertainty, leaving many Dreamers and their families anxious about their status and future in the United States. Advocacy groups and immigrant rights organizations have vowed to continue fighting for the protection and preservation of DACA, arguing that Dreamers have become integral members of American society and contribute significantly to the country’s economy and communities.

As the legal battle surrounding DACA continues, the fate of these young immigrants hangs in the balance. The Supreme Court’s ultimate decision on the matter will have far-reaching consequences, not only for the Dreamers themselves but for the broader immigration landscape in the United States. CBS News will continue to monitor developments in this case and provide updates as they become available.

Original Story at www.cbsnews.com – 2023-09-13 21:45:00

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