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☆ Federal judge again declares Obama-era DACA program unlawful
▼ + stars: | 2023-09-13 | by ( Priscilla Alvarez | ) edition.cnn.com time to read: +3 min

CNN —A federal judge in Texas ruled Wednesday that a regulation intended to preserve the Obama-era Deferred Action for Childhood Arrivals program is unlawful, delivering a major blow to the Biden administration. The Biden administration released a rule last year to “preserve and fortify” DACA, largely maintaining the criteria for the program. Hanen’s ruling comes after a federal appeals court largely upheld his previous ruling finding DACA unlawful. In his Wednesday ruling, Hanen cited the ongoing legal fight over the program and put the onus on Congress. Democrats and Republicans have been sympathetic to the hundreds of thousands of undocumented immigrants who were brought to the US as children, many of whom were under the age of 10.

Persons: Biden, –, Andrew Hanen, ” Hanen, Hanen, Hanen’s, ” Organizations: CNN, Southern, Southern District of, Department of Homeland Security, Department of Justice, Justice, of Homeland Security, ” DACA, Republican, “, Republicans Locations: Texas, Southern District, Southern District of Texas, United States, DACA, ”

The U.S. Department of Justice declined to comment and the office of Texas Republican Governor Greg Abbott did not immediately respond to a request for comment. Biden, who is seeking re-election in 2024, has made it a priority to defend DACA, which was created in 2012 under former President Barack Obama when Biden was vice president. Circuit Court of Appeals affirmed Hanen's ruling against DACA, but sent the case back to him for reconsideration in light of Biden's regulation formalizing the program. Some 81% of DACA enrollees are from Mexico, followed by those from El Salvador, Guatemala and Honduras, according to U.S. About 164,000 live in California, which supports the legal efforts to defend the DACA program, while Texas is home to 95,000.

Persons: Dreamer, Joe Biden's, Andrew Hanen, Hanen, Greg Abbott, Thomas Saenz, Biden, Barack Obama, Hanen's, Donald Trump, Ted Hesson, Leslie Adler, Mica Rosenberg, David Gregorio, Daniel Wallis Organizations: Capitol, Republican, Democratic, U.S . Department of Homeland Security, U.S . Department of Justice, Texas Republican, Mexican American Legal Defense, Educational Fund, DACA, Circuit, U.S, Supreme, . Citizenship, Immigration Services, Thomson Locations: Texas, U.S, Washington, United States, Washington , U.S, WASHINGTON, Mexico, El Salvador, Guatemala, Honduras, California

☆ Federal Judge Again Rules DACA Is Illegal
▼ + stars: | 2023-09-13 | by ( Miriam Jordan | More About Miriam Jordan | ) www.nytimes.com time to read: +1 min

A federal judge in Texas again ruled unlawful on Wednesday a program that has shielded hundreds of thousands of undocumented young adults from deportation and allowed them to legally work in the United States, rejecting a new rule that the Biden administration had introduced to address the court’s concerns. The judge, Andrew S. Hanen of the Federal District Court in Houston, maintained that President Barack Obama exceeded his authority when he created the Deferred Action for Childhood Arrivals program, or DACA, by executive action in 2012. The decision is the latest twist in a five-year-long court saga that has left the program and its beneficiaries, known as Dreamers, hanging in the balance. While the ruling is a blow to the immigrants, the judge did not mandate an immediate end to the program. “There are no material differences between the two programs,” the judge wrote in his 40-page opinion, adding that his decision did not compel the government to “take any immigration, deportation or criminal action against any DACA recipient.”

Persons: Biden, Andrew S, Barack Obama, ” Organizations: Federal, Court Locations: Texas, United States, Houston

☆ A filmmaker sees rising fame, but grapples with his future if DACA ends
▼ + stars: | 2022-10-26 | by ( Associated Press | ) www.nbcnews.com time to read: +6 min

LOS ANGELES — Under a string of golden street lights, the directions roll off Jorge Xolalpa’s tongue interchangeably in English and Spanish as he paces the sidewalk with a cameraman by his side. Moments like these are precious to Xolalpa, whose eyes dart with excitement as he describes his love of film. Xolalpa was nine in 1998 when his mother collected him from school in Mexico and took him to catch an airplane bound for Los Angeles. He said his mother was escaping his abusive father, and that she sold toys and T-shirts in Los Angeles’ densely packed downtown streets to make ends meet. Xolalpa said he didn’t initially apply for DACA, fearing his family could be deported if he handed his personal information to immigration authorities.

A federal judge in Texas on Friday extended an order temporarily allowing hundreds of thousands of young immigrants enrolled in a program to work and study in the U.S. without fear of being deported. The administration's revised version of DACA, aimed at codifying and strengthening the protections, is set to go into effect on Oct. 31. Texas, which is home to over 100,000 people enlisted in the DACA program, filed suit to end the program in 2018, alleging that the program is illegal because it should have been created by legislation, not executive order. Hanen agreed that the program was unlawful his July 2021 ruling. The program narrowly survived a different challenge before the high court in a 5-4 ruling in 2020, but the court now has a larger conservative majority.

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