The Biden administration appeals the ruling that deemed DACA illegal

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The Department of Justice filed a notice to appeal the judgment of U.S. District Judge Andrew Hanen, who initiated the appeal process to the 5th U.S. Circuit Court of Appeals, a court of law. of extremely conservative appeals. The Mexican American Legal Defense and Educational Fund, which represents a group of DACA beneficiaries defending the program, also filed a notice of appeal.

DACA, created in 2012, intended to provide temporary assistance to undocumented immigrants who were brought to the United States as children, a group that was often described as “Dreamers.” Recipients, many of whom are now adults, also receive certain work permits.

In July, Hanen, of the South Texas District, ruled that DACA violated the Administrative Procedure Act, which dictates the procedures that agencies must go through to implement certain policies. He prevented the government from approving new applications for the program, but his order allowed the program to continue for current registrants while the case is litigated. Since the resolution, a proposal for a DACA regulation has been submitted to the Office of Management and Budgets.

At a CNN town hall during the summer, President Joe Biden, when asked about the DACA ruling, said he “won’t let that go” and that the Justice Department will appeal the ruling. “They come here with no other choice and they’re good, good people,” Biden said, referring to the so-called Dreamers who are eligible for the program.

As of March 31, there were 616,030 DACA recipients, most of whom are from Mexico. Hanen maintained his order for current DACA recipients. As long as this stay is effective, these recipients can be renewed, a process that takes place every two years.

But the Covid-19 pandemic and other factors have created a severe backlog of applications and, according to Hanen’s ruling, applications that are not currently in DACA cannot be approved. The delay in new applications was, as of March 31, more than 55,000.

The case has put additional pressure on Congress, where Democrats are trying to include a path to citizenship for millions of undocumented immigrants in a budget conciliation bill. This population includes immigrants who were transferred to the United States as children, those with temporary protection status, and essential workers.

By passing an immigration measure through budget reconciliation, Democrats can approve it by a simple majority in the Senate, with the 50 Democratic senators voting in favor and Vice President Kamala Harris is likely the tiebreaker. But first, Democrats must approve Senate MP Elizabeth MacDonough, who is tasked with advising the House on the operation of its rules, protocols and precedents.

Without congressional legislation, the current DACA case establishes another major legal shock to immigration.

While it is unclear whether this case will end up in the Supreme Court, in a previous DACA-related case last year, three judges noted in a dissent their belief that the program is illegal. The plenary has not yet weighed the legality of DACA.

This story has been updated with additional news on Friday.

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