Texas AG Leads New Court Battle Against Reinstated Obama Immigration Program
A federal court is expected to consider whether to invalidate an Obama-era program that shields illegal immigrants brought to the United States as children.
The challenge scheduled to be heard on Tuesday in Houston concerns President Barack Obama’s original memorandum creating Deferred Action for Childhood Arrivals, which currently covers about 650,000 people.
Federal courts have already turned away President Donald Trump’s efforts to end DACA.
Under the order of a judge in New York, the Trump administration in December restored the program, accepting new applications and full renewals of two-year work permits and general protections from deportation.
But the Houston case directly targets DACA’s original terms, not Trump’s effort to end the program.
Texas and eight other states sued to end DACA, arguing it drains state educational and health care resources and violates federal law. Leading the lawsuit is Texas Attorney General Ken Paxton.
Arguing in favor of the program is a coalition of DACA recipients, represented by the Mexican American Legal Defense and Educational Fund.
MALDEF argues that Texas and the other states lack standing.
“This case is an attack on the underlying legality of DACA itself,” Nina Perales, a lawyer for MALDEF, said. “This case seeks a ruling that DACA is unlawful that would bind any future administration.”
Biden repeatedly pledged during his campaign to reinstate the program, part of a series of immigration-related actions he has promised that includes a moratorium on deportations and a halt to border wall construction.
Recipients of DACA must pass a background check. The program does not confer legal status.
Opponents of the program argue that Obama illegally circumvented Congress months before his 2012 re-election and that he failed to follow federal procedure in establishing the program.
U.S. District Judge Andrew Hanen will hear the case. Hanen in 2015 invalidated an Obama effort to expand DACA and extend protections to illegal immigrant parents.
In the case currently pending, he refused two years ago to issue an injunction against DACA sought by Texas but questioned the program’s legality.
Hanen is not expected to rule immediately. In 2018, he denied Texas’ request for an injunction three weeks after hearing arguments.
If Hanen were to rule in Texas’ favor, it’s unlikely that people who already have DACA protections would immediately lose them, but an order could close the program to new applications and renewals, Perales said.
The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.
Truth and Accuracy
We are committed to truth and accuracy in all of our journalism. Read our editorial standards.
Advertise with The Western Journal and reach millions of highly engaged readers, while supporting our work. Advertise Today.
