He U.S. District Judge Andrew Hanen decided in favor of the state Texas and eight other states that have filed a lawsuit to stop it Deferred Action for Childhood Arrivals (DACA) program. Following an appeal to the US Supreme Court, the show’s fate is headed to the Supreme Court for the third time.
In the meantime, The rooster barred the government from approving new applications but left the program intact for existing beneficiaries during the appeal process, saying its order did not require the federal government to take action against beneficiaries DACA.
While dissenting states argue that the Barack Obama administration It did not have the authority to create the program for the first time in 2012 because it bypassed Congress.
In 2021, Hanen declared the program illegal and stated that it was not subject to public notice or comment periods required by law. Administrative procedural law federal.
The administration Biden tried to reach an agreement with these states with a new version DACA which came into effect in October 2022 but was also part of a formal rulemaking process.
States argue that they will have to spend hundreds of millions of dollars on health care, education and other expenses for migrants if they are allowed to stay in the country illegally. The states that sued are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.
H2: What will happen to the DACA program in 2023?
Since its approval, the program has faced a rollercoaster of legal challenges.
In 2016 the Supreme Court Deadlock 4-4 over expanded DACA and a version of the program for parents of beneficiaries DACA. In 2020, the Supreme Court ruled 5-4 that the Trump administration was unlawfully terminated DACA so that it remains in force.
In 2022 the Court of Appeal will be the Fifth US Circuit in New Orleans confirmed Hanen’s earlier ruling that it was illegal DACA however, returned the case to him to review the changes made to the program by the administration Biden.
Now the president Joe Biden and advocacy groups have called on Congress to pass permanent protections for Dreamers. While Congress has repeatedly failed to pass proposals called the DREAM Act to protect DACA recipients.
At this point the Department of Homeland Security (DHS) announced a rule (final rule) to continue the program DACA under the current measures from October 31, 2022, so that the measure does not entail any changes for the current beneficiaries DACA, not even in its capacity for renewal. However, new applicants cannot yet be accepted into the program DACA due to the July 2021 court ruling. So if you were granted the program before July 16, 2021, you will remain in the program as long as you have renewed it in a timely manner.
And even if you have already done so DACA, you can extend it as well as apply for and receive early release. Now he has USCIS will continue to accept new applications DACA and work permit, but will not process these applications.