A Texas judge on Friday ordered the Department of Homeland Security to suspend the issuance of new permits within the deferred process for the arrival of minorities known as the DACA for its acronym in English.
Judge Andrew Hanen ruled that the plan was “illegal” and that the government should refrain from granting new approvals to those eligible for the program, which was created under the Barack Obama administration.
However, this decision will not affect the more than 610,000 beneficiaries currently protected by the scheme.
However, the order, issued by Federal Court Judge Andrew Hanen for the Southern District of Texas, keeps the plan in place while the legal dispute continues.
“Applications (applications) received and processed will not be affected by the judgment,” said Juan Escaland, director of digital campaigns for FWD.us, a lobbying group of leaders from the technology community.
“It also does not affect dreamers who are protected under the deportation protection and employment renewal program,” explained Jose Guerrero, an immigration attorney trained in Miami (Florida).
“In the preliminary judgment, Hanen stated that the plan was developed and its continuation violated the DHS Administrative Practices Act (APA),” he added. “It points out that the DHS can continue to accept renewal applications, but prohibits new applications, which could affect thousands of undocumented youth who are eligible for and enrolling for a program.”
Guerrero said Hanan’s court case is ongoing and results will come soon.
The DACA was created in 2012 by executive order during the Barack Obama administration. In 2017 it was canceled by the Donald Trump government, but after a long legal battle that ended in the Supreme Court, the plan was fully reinstated.
In May 2018, eight Republican-ruled states sued the DACA, accusing it of violating administrative procedures (APA). In addition, the program uses state resources for education and health and violates federal law.
The DACA provides security for the deportation of some 700,000 undocumented youths who dream of entering the country before their 16th birthday. It provides a work permit that can be renewed every two years.
The May 2018 case was filed before the same judge in the same court, and in 2015 the DACA expanded and stopped implementing the DAPA, a plan to protect the 5 million undocumented parents of U.S. citizens and residents from deportation.
The scheme, like DACA, also includes renewable employment accreditation every three years.
In July, prosecutors and organizations expected the legal battle to extend to the Court of Appeal if a bad verdict and the DACA were removed or part of it occurred.
Rebecca Sanchez-Royk, an immigration attorney who trained in Miami (Florida) for 15 years, says: Immigration in the Judiciary.
When war is decided in the courts, “every dreamer who is possible and worthy Renew your work permitLet him do it, ”Guerrero said.
“If in further doubt, due to eligibility requirement or deficiency, seek legal advice before filling out and submitting the forms,” he says.
The Office of Citizenship and Immigration Services (USCIS), the federal agency responsible for managing the program, warns that the process of renewing programs can take 4 to 5 months (120-150 days).
While fighting in the courts, the Senate has two bills that include the path to citizenship for dreamers, temporary guardianship (DPS) holders and farm workers.
Both projects are part of the immigration reform bill presented by Joe Biden’s White House in January, and include 11 million undocumented people living in the country.
But in the absence of Republican support, the House Democrats advanced with these two plans on March 18, waiting for the upper house to pass them and add other undocumented groups in the coming months.
However, the Republican hardliners have said they will not approve any public apology and that before talking about immigration, the Biden administration must first end the crisis on the Mexican border.
Faced with an uncertain future, Democrats again this week recommended the use of a reconciliation package to pass both bills with a simple majority, regardless of whether Republicans support it or not.