HOUSTON (AP) – As a federal judge on Wednesday declared illegal a revised version of a federal policy barring the deportation of hundreds of thousands of immigrants brought to the US as children, he refused to order the program’s immediate end and protections. it offers to the recipient.
US District Judge Andrew Hanen agreed with Texas and eight other states suing to end the Deferred Action for Childhood Arrivals, or DACA, program. The judge’s decision is ultimately expected to be appealed to the US Supreme Court, sending the fate of the program to the high court for a third time.
“While sympathetic to the plight of DACA recipients and their families, this Court has expressed concern about the legality of the program for some time,” Hanen wrote in his 40-page decision. “The solution to this deficiency rests with the legislature, not the executive or judicial branches. Congress, for a number of reasons, has decided not to pass a law like DACA … The Executive Branch cannot usurp the powers given to Congress by the Constitution – not even to fill a void.”
Hanen’s order extends the current injunction that has been imposed on DACA, which prevents the government from approving any new applications, but leaves the program intact for existing recipients during an ongoing review of the law.
A federal judge ruled that DACA is illegal. AP
Hanen also rejected the state’s request to order the program to end within two years. Hanen said his order does not require the federal government to take any action against DACA recipients, known as “Dreamers.”
Thomas Saenz, president and general counsel of the Mexican American Legal Education and Defense Fund, or MALDEF, which represents DACA recipients in the lawsuit, said it will ultimately be up to higher courts, including the Supreme Court, to decide on DACA’s legality and validity. whether Texas proves it has been harmed by the program.
“Judge Hanen consistently erred in resolving both of these issues, and today’s decision is more of the same flawed analysis. We look forward to continuing to defend the legitimate and much-needed DACA program in the high court review,” Saenz said.
The case is expected to be taken to the Supreme Court.AP
The Texas Attorney General’s Office, which represents the state in the lawsuit, and the US Department of Justice, which represents the federal government, did not immediately return emails or calls seeking comment.
States have argued the Obama administration lacked the authority to initially create the program in 2012 because it bypassed Congress.
In 2021, Hanen declared the program illegal, ruling it was not subject to the public notice and comment period required under the federal Administrative Procedure Act.
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The Biden administration is trying to address Hanen’s concerns with a new version of DACA that takes effect in October 2022 and is subject to public comment as part of the formal rulemaking process.
But Hanen, appointed by then-President George W. Bush in 2002, ruled the updated version of DACA was still illegal because the Biden administration’s new version was essentially the same as the old version, started under the Obama administration. Hanen previously said DACA was unconstitutional.
Hanen also previously ruled that the states had standing to file their lawsuits because they had been harmed by the program.
The states claim they incur hundreds of millions of dollars in health care, education and other costs when immigrants are allowed to stay in the country illegally. The states sued are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.
Those defending the program — the federal government, the Mexican American Legal Defense and Education Fund and the state of New Jersey — have argued that the states have failed to present evidence that any of the costs they claim have been incurred have been tied to DACA recipients. They also argue Congress has given the Department of Homeland Security legal authority to set immigration enforcement policy.
The Biden administration is trying to address Hanen’s concerns with a new version of DACA that takes effect in October 2022 and is subject to public comment as part of the formal rulemaking process.REUTERS
There were 578,680 people enrolled in DACA at the end of March, according to US Citizenship and Immigration Services.
The program has faced courtroom challenges for years.
In 2016, the Supreme Court deadlocked 4-4 over expanded DACA and a version of the program for parents of DACA recipients. In 2020, the high court ruled 5-4 that the Trump administration improperly ended DACA, allowing it to remain in place.
In 2022, the 5th US Circuit Court of Appeals in New Orleans upheld Hanen’s earlier ruling declaring DACA illegal, but sent the case back to him to review changes made to the program by the Biden administration.
President Joe Biden and advocacy groups have asked Congress to approve permanent protections for “dreamers.” Congress has failed several times to pass a proposal called the DREAM Act to protect DACA recipients.
“We continue to urge Congress and President Biden to create permanent solutions for all immigrants to ensure that no one is left on the dangerous path that DACA has been on for the past decade,” Veronica Garcia, an attorney with the Immigrant Legal Resource Center, an advocacy organization, said. said in a statement.
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Source: thtrangdai.edu.vn/en/
