A debate will take place before a federal judge over a revised version of a federal policy that prevents the deportation of hundreds of thousands of immigrants who came to the United States as children. Notably, this judge had previously ruled that the program was illegal.
Attorneys representing nine states that have sued to end the program known as Deferred Action for Childhood Arrivals (DACA), attorneys for the U.S. Department of Justice, and DACA recipients are scheduled to appear at a court hearing before U.S. District Judge Andrew Hanen.
In 2021, Hanen declared the DACA program unlawful, ruling that the notice and public comment periods required under the federal Administrative Procedure Act had not been followed. Hanen also stated that the states seeking to end the program had standing to bring their lawsuit because they had been harmed by it.
Before Thursday morning’s hearing, more than 50 people gathered at a park near the courthouse to show their support for DACA. Many held signs with messages such as “Immigration Reform Now,” “Protect DACA,” and “Immigrant Power: Immigrant Rights.”
The states argued that they incur healthcare, education, and other expenses totaling hundreds of millions of dollars when immigrants are allowed to remain in the country unlawfully. The states bringing the lawsuit are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.
The U.S. Court of Appeals for the Fifth Circuit in New Orleans upheld Hanen’s ruling in 2022 but sent the case back to him to review changes made to the program by the Biden administration.
The new version of DACA took effect in October and underwent public comment as part of the formal rulemaking process.
In court documents, Texas and the other states argued that the updated program is essentially the same as the 2012 memorandum that originally created it and remains “illegal and unconstitutional.” They also alleged that the White House exceeded its authority by granting immigration benefits that should be determined by Congress.
The U.S. Department of Justice argued in court filings that the states had not demonstrated any direct harm caused by DACA and that Congress had given the Department of Homeland Security the “authority and duty to establish immigration enforcement policies.”
Nina Perales of the Mexican American Legal Defense and Educational Fund, who will speak on behalf of DACA recipients, stated: “DACA is lawful. DACA is consistent with many U.S. government policies implemented in the past under different presidents.”
Hanen has left the Obama-era program in place for those who already benefit from it. However, he has ruled that no new applications will be accepted while appeals remain pending.
As of the end of December, 580,310 people were enrolled in DACA, according to U.S. Citizenship and Immigration Services.
Hanen is not expected to issue a ruling immediately after Thursday’s hearing, but regardless of his decision, the case is expected to reach the U.S. Supreme Court for a third time.
In 2016, the Supreme Court deadlocked in a 4-4 tie over an expanded version of DACA and a version of the program for parents of DACA recipients. In 2020, the Court ruled 5-4 that the Trump administration had improperly ended DACA, allowing the program to remain in effect.
President Joe Biden and advocacy groups have urged Congress to pass permanent protections for “Dreamers,” as people protected by DACA are commonly known. However, Congress has repeatedly failed to pass a proposal known as the DREAM Act to protect DACA recipients.
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