More than 600,000 children of immigrants are at risk because of US court rulings.dream act
A decision by the US Court of Appeals has once again cast doubt on the future of the United States. Deferrals for Childhood Arrivals The (Daka) program prevents the deportation of hundreds of thousands of immigrants brought to the United States as children.
The US Court of Appeals for the Fifth Circuit on Wednesday decided what a Texas federal district judge declared last year. Daka The program needs to be revisited following the amendments adopted by the Biden administration in August.
Texas Judge Andrew Hannen found that the program was not subject to the required public notice and comment period under the Federal Administrative Procedure Act. But he temporarily left the program intact pending his appeal for those already benefitting.
Wednesday’s ruling by three judges of the New Orleans-based Fifth Circuit Court upheld the judge’s original ruling. But I will send the case back to him to see the new version of the rules issued by the Biden administration in late August. The new rules he will take effect on October 31st.
Fifth Circuit Judge Priscilla Richman, nominated by President George W. Bush, opined that “district courts are best placed to consider the administrative record in rulemaking proceedings.” Other panel members were President Donald Trump’s nominated judges Kurt Engelhardt and James Ho.
“The status quo in the Dhaka seems to be maintained,” said Veronica Garcia, an attorney at the advocacy group Immigration Legal Resource Center.
The Daka was adopted by former President Barack Obama’s administration and has navigated a complicated federal court challenge.
The new rules by the Biden administration are largely technical, with few substantive changes from the 2012 memo that created the daka, but aimed at improving the odds of surviving a legal call-up. It was subject to public comment as part of the formal rulemaking process.
In a July Fifth Circuit debate, the U.S. Department of Justice partnered with the state of New Jersey, immigration advocacy groups, and a coalition of dozens of powerful companies, including Amazon, Apple, Google, and Microsoft, to support the program. defended.
They argued that dacha recipients have grown to become productive engines of the U.S. economy, sustaining and creating jobs and spending money.
Texas, along with eight other Republican-leaning states, suffers economically, costing hundreds of millions of dollars in medical, education, and other costs when immigrants are allowed to stay illegally. claimed to be. They also argued that the White House overstepped its authority by recognizing congressional-determined immigration benefits.
Daca is widely expected to appear in the Supreme Court for the third time. In 2016, the Supreme Court was in a 4-4 stalemate over the extended dhaka and a version of the program for parents of dhaka recipients, upholding a lower court decision blocking benefits.2020 High Court ruled 5 to 4 that the Trump administration unfairly ended the daka for failing to follow federal procedures and kept the daka alive.
Daka recipients have become powerful political forces despite their inability to vote, but efforts to gain citizenship through parliament have repeatedly fallen short. The imminent threat of this could put pressure on Congress to protect them, even if it’s just a stopgap measure.
The Biden administration has disappointed some Daka supporters with its conservative legal strategy of maintaining age eligibility. The Daka recipient must have been in the United States in June 2007, a requirement that is becoming increasingly unaffordable. The average age of a Daka recipient was 28.2 at the end of March, compared with 23.8 in September 2017.
At the end of March, 611,270 people were registered for the dakha, including 494,350 or 81% from Mexico and a large number from Guatemala, Honduras, Peru and South Korea.
https://www.theguardian.com/us-news/2022/oct/05/us-court-ruling-leaves-over-600000-children-of-immigrants-in-jeopardy More than 600,000 children of immigrants are at risk because of US court rulings.dream act