The judge declared DACA, a policy that prevents the deportation of immigrants, illegal. The Biden administration will appeal the decision that he believes puts the “security and stability” of migrants at risk.
The US Government is “deeply disappointed” with the decision of the Texas judge who considered the DACA immigration policy illegal and has decided to appeal, the White House spokeswoman said on Wednesday.
“We do not agree with the court’s decision (…) and will continue to defend this important policy from legal challenges,” Karine Jean-Pierre said in a statement, referring to DACA.
Karine Jean-Pierre also recalled that, for President Joe Biden’s administration, it has been a priority to protect the beneficiaries of the program “from day one” and called on Congress to approve legislation that offers a path to regularize more than half million people. people who depend on immigration protection.
The Secretary of the Department of Homeland Security, Alejandro Mayorkas, also clarified, this Wednesday, in a statement, that, despite the decision, the Dreamers, as DACA beneficiaries are known, will not be deported and authorization applications will be renewed. of work.
The Cuban-born official acknowledged, however, that Judge Andrew Hanen’s decision puts the “security and stability” of the migrants at risk. “Congress failed to act and now Dreamers face an uncertain future, hoping to receive the permanent protection they deserve,” Mayorkas added.
The federal judge in Texas rejected the US government’s appeal and He once again declared illegal the policy that prevents the deportation of hundreds of thousands of immigrants. who came to the country as children.
Magistrate Andrew Hanen on Wednesday rejected an attempt by President Joe Biden’s administration to register the plan in federal law, hoping to protect it from lawsuits and They benefit more than half a million beneficiaries of immigration protection.
Shelters on the US-Mexico border are overcrowded with full needs
The decision does not order action against current DACA beneficiariessuch as deportation or invalidation of work permits.
Hanen, who in 2021 declared the initial memorandum that created this program illegal, argued in the decision that, although he has “sympathy” for the dreamers [sonhadores]as DACA recipients are known, has “problems with the legality of the program.”
“The solution” for these people “corresponds to the legislative power and not to the executive or judicial power”the magistrate highlighted in the document.
“The initial memorandum was promulgated illegally” and, according to the judge, the Biden administration limited itself “to trying to formalize” a program that the judge had already declared irregular.
“There is no material difference” between the document that created the DACA program in 2012, under the administration of former Democratic President Barack Obama (2009-2017), and the one presented by the current administration last year, Hanen highlighted.
The Mexican American Legal Defense and Education Fund (MALDEF), which intervened in the legal process to defend DACA, has already indicated that it will appeal the decision.
“From the beginning it was clear that it would be the higher courts, including the Supreme Court, that would have to decide” on the legality of the program, said the president of MALDEF, Thomas A. Sanez, in written statements to the EFE agency.
This legal battle, arising from a lawsuit filed by eight Republican-governed states, has been going on for years. and it is likely to now reach the Supreme Court.
DACA has allowed more than half a million immigrants who came to the United States as minors to remain in the country without fear of deportation and work legally.
Activist groups have called on Congress to take action to find a permanent solution to the problem. dreamersstating that it is only a matter of time before the courts decide to permanently end the program.
DACA was created by the Obama administration as a temporary measure, but his successor in the White House, the Republican Donald Trump (2017-2021), decided in his first year in office to end the programtriggering a domino effect of claims and counterclaims in the courts that led to the current situation.
Source: Observadora
