Nine Republican-controlled states asked a federal judge in Texas to shut down the Deferred Action for Childhood Arrivals (DACA) program in its entirety over two years.
program in its entirety over two years, a move that would prevent nearly 600,000 immigrants known as"Dreamers" from renewing their deportation protections and work permits.
However, the states challenging DACA's legality asked Hanen on Tuesday to find that the regulations issued last year are also unlawful and to block the government from approving renewal applications two years after a decision is made. "Although we can't predict what a ruling would look like, if Judge Hanen rules that DACA is unlawful, that decision is likely to be appealed to a higher court," said Nina Perales, the vice president for litigation at the Mexican American Legal Defense and Educational Fund, which is defending the program's legality alongside the Biden administration and New Jersey.
"Unfortunately, our Congress has been polarized and unable to pass any major immigration reform legislation — and I think that's unlikely to happen in 2023," said Steve Yale-Loehr, a Cornell University professor who studies the U.S. immigration system. Those enrolled in DACA had to pass background checks and satisfy several eligibility requirements, including proving that they arrived in the U.S. by age 16 and before June 2007, studied in a U.S. school or served in the military, and lacked any serious criminal record.
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