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Biden administration urges Court of Appeals to support DACA program

The future of DACA at stake

Biden Administration and Pro-Wednesday Immigration Advocates give the Commission of Federal Appeals Judges an Obama-era policy to provide work permits and deportation protection to hundreds of thousands of unlicensed immigrants arriving in the United States as children I urged you to keep it.

Justice Attorney and Government Representative Brian Boynton is in New Orleans-based Fifth Circuit Court of Appeals as a child by a Texas-led Republican-controlled coalition of states. Requested to reject allegations that alleged deferral measures. The Arrival (DACA) program is illegal.

In a court oral argument, Mr. Boynton stated that Texas was not in a position to sue the federal government, and immigration authorities said unlicensed immigrants who did not threaten public safety from deportation. Claimed to have broad discretionary power to protect. To work legally.

"The 2012 DACA Memorandum of Dispute in this proceeding is generally legal and should be upheld," Boynton said. He told a panel of three judges.

However, Texas Solicitor Judd Stone said the state is sustainable, citing medical costs associated with DACA beneficiaries. He said he should uphold the July 2021 ruling from a federal district judge who closed DACA to new applicants after determining that the Obama administration did not have the authority to formulate policies in 2012. rice field.

In a ruling last summer, US District Judge Andrew Hanen also stated that DACA was improperly enacted. However, he left the program intact for the current registrant, allowing him to continue renewing his two-year work permit and postponement of deportation until the Fifth Circuit or the Supreme Court ruled the case.

Stone cites a 2015 court decision to thwart policies like the DACA that the Obama administration tried to implement to prevent the deportation of certain illegal immigrants with children. Urged the Fifth Circuit to refuse the appeal of Hanen's order by the Biden administration. I was a US citizen or resident.

"Here we are seven years later. Congress has rejected the dream law in all Congress since it was proposed," Stone said, making DACA recipients US citizenship. Mentioned and mentioned a bill to put on the road.

Wednesday's oral argument was heard by Judge Priscilla Richman, Mayor of the 5th Circuit, appointed by President George W. Bush. Then, James Ho and Kurt Engelhardt, appointed by President Donald Trump, will be judges. 

Most of the questions were raised by Ho, who was skeptical of the Biden administration's claim that Texas has no legal status to challenge DACA. Mr. Ho also said that DACA not only protects beneficiaries from deportation, but also provides access to several benefits such as work permits and driver's licenses.

"The Supreme Court said it was not just a tolerant policy, but essentially a rewrite of aggressive immigrants," Ho said, citing the June 2020 ruling.Supreme Court ruling{The Trump administration has stopped DACA from ending 107}.

The Fifth Circuit decision, due out later this year, could determine the fate of more than 600,000 migrants currently enrolled in the DACA program. The Conservative Court of Appeals has already ruled against several immigration and border policies enacted by the Obama and Biden administrations. 

You can appeal to the entire Fifth Circuit or directly to the Supreme Court, but the ruling in favor of Texas to close DACA legally detains 616,000 beneficiaries. And inject urgency. The immigration debate in Congress remains deadlocked on this issue amid the fierce division over US border policy.

New Jersey representative Jeremy Fagenbaum, who intervened in the incident, questioned Texas' decision to wait a few years to challenge DACA. Given its decade of existence, he told a panel of three judges Wednesday that the end of DACA would have a negative impact on the country beyond the immigrants enrolled in the program.

"Now, ten years later, eliminating DACA will cause extraordinary turmoil in recipients, employers, their citizens' children, and the state," New Jersey said. Fagenbaum, a solicitor, said.

Texas's leading lawyer, Stone, said the state did not require the court to order the government to deport or file "aggressive immigration proceedings against specific individuals." .. However, Texas has challenged the government's ability to allow DACA recipients to be legal in the United States, he said. The termination was thwarted by federal court decisions, including the Supreme Court's decision that authorities found that they did not take the correct procedural steps to terminate the policy.

Following that ruling, the Trump administration reduced the program, shortened the effectiveness of work permits and deportation protection from two years to one year, and banned first applications. 

However, in December 2020, a federal court in New Yorklacked the authority to change the DACA due to improper Deputy Homeland Security Secretary Chad Wolf. I have certified that it is. Appointed. The ruling reopened DACA to new applicants for several months until Hanen's July 2021 order ended the program again.

As part of President Biden's instructions to "strengthen" DACA, the Department of Homeland Security will codify the program into federal regulation and finalize rules to separate deportation of policies. Is expected. Protection from granting work permits.

Regulations are designed to address legal concerns raised by Republican-led states, but it is unclear whether they will ultimately save DACA.

If the Fifth Circuit concludes that some of the DACAs are illegal, only those components need to be striked, Boynton, a lawyer for the Justice Department, paneled Wednesday. Told to.

Camilo Montoya-Galvez
Camilo Montoya-Galvez

Camilo Montoya-Galvez is an immigrant reporter on CBS News. He is based in Washington and he is in charge of immigration policy and politics.

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