A federal judge in Texas said Friday that he would allow about 600,000 immigrants for now.enrolled in (DACA) to continue renewing its two-year protection from deportation and work permits while the court case over the Obama-era policy moves forward.
At the same time, US District Court Judge Andrew Heenen said he would continue to block the federal government from approving new DACA requests, aWhen he agreed with the arguments presented by Republican-led states and declared the program illegal.
Friday’s order was in response to a decision by the 5th Circuit Court of Appeals earlier this month that also found the Obama administration did not have the legal authority to create DACA in 2012. The appeals court tasked Hannon to review the legality.in a federal regulation.
The rules, set to take effect on October 31, will replace a 2012 Homeland Security memo, which Texas and other Republican-controlled states have argued was not the proper way to create DACA.
After hearing with lawyers in the case earlier on Friday, Henen issued a two-page order saying that his July 2021 decision against DACA — and his decision to uphold the program for current beneficiaries — on the new rules. will also apply. Hannon said both the Biden administration and the Republican-led states challenging DACA agree with the determination.
“Nothing in this order or injunction order should be read as an order to order DHS or any other government entity to revoke or otherwise terminate DACA status for any person who is currently, as of this date, in good standing.” There is a DACA recipient in position,” Hein wrote.
Friday’s order is unlikely to be the final judicial decision on the future of DACA, which has allowed hundreds of thousands of immigrants brought to the US as children to live and work in the country without fear of deportation.
Hanan is expected to rule on the legality of new DACA rules in the future, which are similar to the 2012 memorandum that he previously ruled was illegal. The Justice Department, which represents the federal government in litigation, has also not announced whether it will appeal the 5th Circuit’s decision from earlier this month, an action that would leave the Supreme Court with the final say on the legality of DACA. can pave the way.
As a stopgap measure, DACA was designed to protect the legal status of undocumented immigrants living in the US who came to the country as minors while Congress worked to pass a “Dream Act”. which would take them on the path of American citizenship.
For more than two decades, Congress has, on several occasions, failed to create such a legalization program amid intense impasse over some immigration issues, primarily US policy on the border with Mexico.
To qualify for DACA, immigrants must demonstrate that they arrived in the US by age 16 and before June 2007, studied at a US school or served in the military, and had no serious criminal record. As of June 30, 594,120 immigrants were enrolled in DACA, government data showed.