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Judge declares DACA immigration program illegal; The US government will appeal

  • September 14, 2023
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A federal judge in Texas, USA, rejected an appeal by President Joe Biden’s government this Wednesday and declared the Deferred Action for Childhood Arrivals (DACA) program illegal again.

A federal judge in Texas, USA, rejected an appeal by President Joe Biden’s government this Wednesday and declared the Deferred Action for Childhood Arrivals (DACA) program illegal again.

Judge Andrew Hanen of the Southern District of Texas today rejected the Democratic administration’s attempt to register the plan in federal law with the hope of protecting him from lawsuits against him and thereby providing support to more than half a million beneficiaries of immigration protection.

It’s a decision that is likely to be appealed again by the Biden administration. does not order action against people who are currently benefiting from DACA, such as being deported or having their work permits revoked.

Hanen, who in 2021 declared the original memorandum declaring the DACA program illegal, argued in the document that although he has “sympathy” for the “dreamers”, as DACA recipients know, has “problems with the legality of the program.”

“Solution” for these people “relates to the legislative branch and not to the executive or judicial branch” – the magistrate emphasized.

Photo: Reuters Archive

“The original memorandum was made public illegally.” and, according to the judge, the Biden government was simply trying to “formalize” a program that the magistrate had already declared irregular.

“There is no significant difference” Between the document that created the DACA program in 2012, under the administration of former Democratic President Barack Obama (2009-2017), and the document that was introduced by the current administration last year, Hanen emphasized.

For its part, the White House said. “deeply disappointed” The decision was made by a Texas judge, spokeswoman Karine Jean-Pierre said in a statement.

“We do not agree with the decision of the district court (…) and “We will continue to defend this important policy from legal challenges.” writing is detailed.

Jean-Pierre also recalled that this was a priority for the Biden government. protect DACA recipients ‘from day one’ and called on Congress to pass legislation that would pave the way for regularization for the more than half a million people who depend on immigration protections.

For his part, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas also clarified today in a statement that despite the ruling, “Dreamers” will not be deported and their work permit applications will continue to be renewed.

However, the Cuban-born official acknowledged that the decision of Judge Andrew Hanen of the Southern District of Texas undermines the “security and stability” of migrants.

“Congress took no action and Now the dreamers face an uncertain future hoping to get the continued protection they deserve,” Mayorkas said.

DACA has allowed more than half a million migrants who came to the United States as minors. stay in this country without fear of deportation and work legally.

DACA was launched as a temporary measure by the Obama administration, but his successor in the White House, a Republican Donald Trump (2017–2021) decided in the first year of his mandate to put an end to this. which caused a domino effect of lawsuits and counterclaims in the courts, leading to the current situation.

The Mexican American Legal Defense and Educational Fund (MALDEF), which intervened in the lawsuit to defend DACA, He said he would appeal today’s decision.

“It was clear from the very beginning that“The decision will have to be taken by the high courts, including the Supreme Court.” about the legality of the program,” Thomas A. Sanez, president of MALDEF, said in a written statement to the agency. EFE.

For his part, Senator Dick Durbin who tried to pass legislation in Congress that would provide a path to permanent residence for DACA recipients, He also rejected Hanen’s decision. and asked colleagues to take measures to protect migrants.

“It is time for Congress to step up and Let us fulfill our responsibility to the dreamers once and for all.” the Democrat wrote in a statement.

This legal battle, based on a lawsuit filed by eight states against Republican governments, has dragged on for years. The case is now likely to reach the Supreme Court.

(according to information from EFE)

Source: Aristegui Noticias

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