Saturday, September 11, 2021

Biden Administration Appeals TX Ruling Making DACA Unlawful


The Biden Administration is Challenging, a Texas Ruling, that the Deferred Action for Childhood Arrivals (DACA) Program is Unlawful.

The Department of Justice (DOJ) filed a Notice in the Fifth Circuit Court of Appeals, on Friday, to start the Process to Overturn the Decision, by U.S. District Court Judge, Andrew Hanen, in favor of Nine States led by Texas, that found the Creation of the DACA Program Violated Federal Administrative Law.

Hanen’s Decision, Prevents the Government, from Granting any future DACA Applications, but does Not affect Application Renewals or those who were "Dreamers", as those in the Program are often called, at the time of the Ruling.

When the Ruling was issued in July, President Biden, promised his Administration would Appeal the Decision, saying in a Statement that, "while the court’s order does not now affect current DACA recipients, this decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future."

DACA was Created in 2012, by the Obama Administration as a way for Uundocumented Immigrants who came to the U.S. under the age of 16, to get Authorized to Work and avoid Deportation for Two years.

Recipients can Apply for Deportation Renewal every Two years for $765, and every Three years for the Work Permit for $495.

There are about 616,000 Active DACA Recipients in the U.S. as of March, according to U.S. Citizen and Immigration Services (USCIS).

The Department of Homeland Security (DHS) has continued to accept DACA Applications, but in accordance with the Ruling, it cannot Grant them.

Along with the DOJ, the Mexican American Legal Defense and Educational Fund, a Nonprofit Latino Legal Civil Rights Organization, also filed an Appeal on Behalf of 22 DACA Recipients.

"The ongoing failure of the Congress to act to provide permanent protection and a pathway to citizenship for DACA recipients necessitates the filing of this appeal to the Fifth Circuit Court of Appeals," Thomas A. Saenz, the Organization’s President and General Counsel, said in a Statement Friday. "There are strong legal grounds for a successful appeal because Judge Hanen failed to account for recent changes in the law governing several critical elements of the case."

Congress has received Pressure from Biden, Vice President Kamala Harris, and Democratic Lawmakers, to create a Legal Pathway to Citizenship for "Dreamers," and that Pressure is likely to Build as the Case makes its way through the Appeals Process.

Democrats' long-held hopes for, providing a Path to Legal Status for Millions of Immigrants, is now in the hands of a little-known figure, The Senate Parliamentarian.

Democrats pitched, Elizabeth MacDonough, a Nonpartisan Referee, on Friday, of their Plan to provide Permanent Legal Status, which paves the way for a path to Citizenship for 8 Million Immigrants including: Dreamers, Temporary Protected Status (TPS) Holders, Agricultural Workers, and other essential Workers.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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