Thursday, December 24, 2020

Despite Court Victories, DACA Faces Biggest Legal Test. No Immediate Ruling After Hearing on Fate of DACA Program

Despite court victories, DACA faces biggest legal test ahead of Biden presidency:
A federal judge who has issued scathing rulings against Obama-era immigration policies is set to review the legality of a deportation relief program for hundreds of thousands of young undocumented adults known as "Dreamers," just weeks before President-elect Joe Biden takes office.
Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas will hold arguments on Tuesday in a lawsuit that seeks to wind down Mr. Obama's Deferred Action for Childhood Arrivals (DACA) program, which Hanen has previously said is likely illegal.
The case before Hanen represents the most imminent threat to DACA, which has so far survived a years-long campaign by the Trump administration to end it. If Hanen declares DACA unlawful, the ruling could hamstring Mr. Biden's pledge to safeguard the program and place more than 640,000 current recipients, as well as 300,000 potential new applicants, in legal limbo.
"This case is important because Texas and several other states want a judge to declare that DACA is unlawful and to block DACA into the next presidential administration," Nina Perales, a lawyer for the Mexican American Legal Defense and Educational Fund representing the program's beneficiaries, told CBS News. ---READ MORE HERE
AP Photo/Jacquelyn Martin, File
No Immediate Ruling After Hearing on Fate of DACA Program"
A federal judge did not immediately issue a ruling following a court hearing Tuesday on the fate of a U.S. program shielding immigrants brought to the country illegally as children.
During a nearly 3 1/2 hour hearing, Texas and eight other states asked U.S. District Judge Andrew Hanen to end the Deferred Action for Childhood Arrivals program, or DACA, which provides limited protections to about 650,000 people. The program was enacted by former President Barack Obama in 2012.
The states, represented by the Texas Attorney General's Office, argued DACA violates the Constitution by circumventing Congress’ authority on immigration laws. The states also argued that DACA illegally awards benefits such as work authorization to recipients and has increased states' costs, including $250 million a year for social services to DACA recipients in Texas.
“President Obama overstepped his authority when his administration issued the DACA memorandum in 2012," Todd Disher, a lawyer with the Texas Attorney General's Office, told Hanen.
... Hanen said Tuesday’s hearing was not about discussing border security or whether DACA is good or bad policy, but “whether DACA was legally created.” --->READ THE FULL STORY HERE

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