The submission of new applications to the DACA program, which protects against deportation Immigrants without papers arrived at USA when they were children, is blocked by a Texas federal court decision.
Judge Andrew Hahnen has sided with a group of states that has filed lawsuits to end the DACA (Deferred Action for Childhood Arrivals) program, claiming it was illegally introduced by former President Barack Obama.
The program was created in 2012 by former President Barack Obama and former President Donald Trump during his tenure fought hard against it and tried to cancel it.
Hanen found that DACA was in breach of the Administrative Procedure Act (APA) when it was created, but said that since so many people are currently enrolled in the program – almost 650,000 – his decision will not be temporarily related to their cases and their renewal applications.
“To be clear,” the judge said. the decision does not require the government to prosecute or prosecute any recipient of the DACA program.
He explained that the government may continue to receive new applications for inclusion in the program, as provided by a federal judge order in a separate case, but that it could not approve them.
Ceska Mae Perez, a 23-year-old DACA recipient from the Philippines, said her 22-year-old brother and 20-year-old sister had applied for the program, which allowed new applications following a court ruling in December 2020. His application Her brother was admitted a few weeks ago, but her sister is still waiting.
“I spoke to her a few minutes after the court ruling was announced,” Perez said. “She burst into tears.”
New Jersey Democratic Sen. Bob Menendez wrote on Twitter that the ruling was not a surprise, “just a painful reminder that we must stop relying on temporary immigration solutions.”
Reacting to the ruling, a senior Mexican Foreign Ministry official said the Mexican government regretted the decision, stressing that Mexico would continue to provide consular protection and assistance to beneficiaries of the DACA program.
President Joe Biden, who was vice president of the United States when Obama created the program, has said he wants to create a permanent path to citizenship for DACA recipients.
On the first day of his presidency, Biden signed a memorandum instructing the Department of Homeland Security and the Department of Justice to take action to extend the program.
The Supreme Court ruled last year that former Republican President Trump’s attempt to repeal the DACA was “arbitrary” and rejected his government’s appeal to repeal the program, saying it violated federal law.
Biden’s Homeland Security Secretary Alejandro Mallorca said in March that his ministry would issue a formal regulation to strengthen the program’s legal status, but the ministry has not yet done so.
Biden’s immigration bill, which was tabled by Democrats in Congress Feb. 18, also provides for a three-year process of gaining citizenship for many DACA recipients, but the bill does not garner Republican support and faces many obstacles.
Hundreds of thousands of young people in the United States are granted legal residence permits under this program, but they are not allowed to obtain citizenship, provided they do not break the law.