A FEDERAL JUDGE HAS RULED THAT THE DACA IMMIGRATION PROGRAMME IS INVALID?
A federal judge has ruled that the DACA immigration programme is invalid?
Brent Kendall and Michelle Hackman's News
The judge has blocked the acceptance of new DACA applications, but has postponed the impact on existing beneficiaries. President Biden describes the decision as "very regrettable," and reiterates his demand for a new legislation. Additional judicial procedures in higher-level courts are expected later this year in this matter. The Supreme Court's ruling may rekindle Congress's eagerness to find a lasting solution for the Dreamers. Lawmakers who favour DACA have expressed concern about the programme being heard by the current Supreme Court, which they think would be suspicious of its constitutionality.
On Tuesday, Judge Hanen decided in favour of Texas. Young immigrants who applied for the first time when the programme reopened in December 2017 would be the most affected by the decision. Judge Hanen had previously said that the Texas-led states were likely to prevail.
The court barred new DACA applications but postponed the impact of his decision on existing programme participants.
A federal court in Texas banned an Obama-era programme that offered deportation relief and work permits to certain young immigrants on Friday, putting the programme in danger.
U.S. District Judge Andrew Hanen found that the Deferred Action for Childhood Arrivals programme was unconstitutional because Congress never granted the executive branch the authority to give mass reprieves to undocumented immigrants in the United States.
"As popular as this programme may be, the appropriate origination point for the DACA programme was, and continues to be, Congress," George W. Bush appointment Judge Hanen stated.
In another section of his decision, the court said that the Obama administration erred by not seeking public feedback on DACA before implementing it.
The Biden administration was prohibited from accepting new DACA applications as a result of Judge Hanen's decision. However, the court delayed the immediate impact of his decision on existing DACA participants, noting their long-standing dependence on the programme, implying that those individuals who are presently in good standing would not face immediate disruption.
Current beneficiaries will also be able to renew their status under the scheme, according to the decision.
The court remanded the case to the Department of Homeland Security to decide how to continue. The Department of Homeland Security has already said that it is working on a formal rule to codify a DACA-like programme in the coming months, which may possibly strengthen certain legal weaknesses.
The case is expected to go through further legal procedures at higher-level courts, which may delay a final decision for several months.
President Biden described the decision as "very regrettable" on Saturday. He said that the Justice Department will appeal the decision, and that DHS would publish "a proposed regulation regarding DACA in the near future." He did, however, add that "only Congress can guarantee a lasting solution," and he reiterated his previous demands for the adoption of a new legislation.
The DACA programme provided temporary protection to any undocumented immigrants in the nation who were 30 years old or younger at the time the programme was introduced. DACA participants must have arrived in the United States before the age of 16, as well as meet other requirements, such as being a student or graduate and having no major criminal record.
After their namesake law, the Dream Act, which would have given them with a route to citizenship, failed to pass Congress in 2010, the Obama administration established the programme to safeguard these young immigrants, known as Dreamers.
The decision may increase the pressure on Congress to find a permanent solution for the Dreamers, after bipartisan negotiations to reach an agreement stagnated this spring despite a continued migrant surge at the southern border. Lawmakers who favour DACA have expressed concern about the programme being heard by the current Supreme Court, which they think would be suspicious of its constitutionality.
Democrats announced this week that they will try to establish a route to citizenship for Dreamers and other illegal immigrants in the nation via their $3.5 trillion healthcare and anti-poverty package, which, if certain procedural criteria are met, would only need a simple majority to succeed. However, the approach is not without risk.
"Today's decision demonstrates that DACA is insufficient," said Greisa Martinez Rosas, executive director of the advocacy group United We Dream. "Until President Biden and Democrats in Congress deliver on citizenship, millions of illegal people's lives are jeopardised."
American businesses, especially those in the technology sector, have long been outspoken in their support for Dreamers, with Microsoft Corp. entering a lawsuit against the Trump administration when it tried to terminate DACA.
"We are extremely unhappy with today's judgement," said Jose Castaneda, a Google spokesperson. "To provide Dreamers with greater certainty in their lives, we encourage both Congress and the Administration to permanently enshrine DACA in law."
Last year, the Supreme Court, in a 5-4 ruling, rejected the Trump administration's effort to terminate the programme, stating that the government had not shown sufficient justification for the action. However, the judges did not decide on the constitutionality of DACA, which has remained an open issue in the years since President Obama originally proposed it in 2012.
If DACA returns to the Supreme Court, it will confront a court that has become more conservative since blocking Trump's repeal because to the death of Justice Ruth Bader Ginsburg last September. Justice Ginsburg, a key member of the court's liberal wing, was part of the 5-4 majority that preserved the programme. In dissent, three conservative justices—Clinence Thomas, Samuel Alito, and Neil Gorsuch—already said that they thought DACA was illegal from the start.
The status of the Dreamers has become a flashpoint in the broader debate over immigration reform, and the ongoing legal and political fights over DACA have caused years of uncertainty for the program's more than 600,000 beneficiaries.
The decision will be felt most acutely by young immigrants who registered for DACA for the first time when it reopened in December after the Trump administration closed it to new applications in September 2017.
The organisation that handles applications, U.S. Citizenship and Immigration Services, has experienced delays in processing new applications due to agencywide backlogs caused in part by the Covid-19 epidemic. According to official statistics given to Congress, about 82,000 individuals filed for DACA from December to the end of June, with just about 5,000 being granted.
Texas and other Republican-led states sued, claiming the programme amounted to presidential overreach.
The states also claim that the programme has cost them money in the form of providing DACA participants with driver's licences and other papers.
Texas Republican Attorney General Ken Paxton's office did not immediately reply to a request for comment.
The complaint was filed in 2018. Earlier in the lawsuit, Judge Hanen suggested that the Texas-led states were likely to prevail.
Judge Hanen earlier ruled in favour of Texas in a similar case challenging a larger Obama administration programme known as Deferred Action for Parents of Americans, which provided DACA-like protections to individuals in the country illegally with U.S.-citizen children. That lawsuit eventually reached the Supreme Court, where the justices split 4-4 following the death of Justice Antonin Scalia in 2016, thus maintaining Judge Hanen's decision to stop the programme.
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