December DACA Update
For many of our clients and their families, restoration of DACA (and DAPA) have been top of mind following the election. President-elect Biden has promised to restore DACA (and hopefully, DAPA) soon after his inauguration. Specific details have not yet been announced but there are a few things you can do now in anticipation of filing for DACA/DAPA in 2021.
Obama-era program for immigrants faces new court challenge
Source: Associated Press
HOUSTON (AP) — A federal court next week is expected to consider whether to invalidate a program that shields from deportation immigrants brought to the United States as children, potentially creating complications for the incoming administration of President-elect Joe Biden.
The challenge scheduled to be heard Dec. 22 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 to its original terms under Obama, 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 healthcare resources and violates federal law. Leading the lawsuit is Texas Attorney General Ken Paxton, who frequently brings conservative legal challenges, including the case seeking to subvert Trump’s election loss that was dismissed by the U.S. Supreme Court.
Arguing in favor of the program is a coalition of DACA recipients, represented by the Mexican American Legal Defense and Educational Fund. Both sides have requested an order of summary judgment to end the case in their favor. MALDEF argues that Texas and the other states lack standing, the ground on which the Supreme Court dismissed the state’s election challenge.
“This case is an attack on the underlying legality of DACA itself,” said Nina Perales, a lawyer for MALDEF. “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. Advocates are calling for Congress to pass permanent protections for immigrants brought to the U.S. as youths.