Things That Matter

Federal Judge Lets DACA Program Live Citing Harm If Program Is Canceled

A federal judge in Texas preserved the Deferred Action for Childhood Arrivals (DACA) program immediately claiming it would cause too much harm. However, District Judge Andrew Hanen also said that the six-year-old program is likely unlawful because it oversteps the authority of the executive branch. Hanen’s ruling gives the almost 700,000 DACA recipients additional time to request renewals, which would keep them in the United States legally for an additional two years. The DACA program protects recipients from deportation and grants them work permits in two-year stints.

A federal judge in Texas has ruled that Deferred Action for Childhood Arrivals (DACA) will stand in place for now.

The ruling comes as a surprise since District Judge Andrew Hanen had ruled against DACA-related programs in the past. In 2015, Hanen ruled a companion program that would have granted temporary legal status to DACA parents, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), was illegal. This time around Hanen questioned the legality of DACA but argued that more harm would be done to DACA recipients if they lost the program.

This may only be a temporary reprieve for DACA recipients.

Judge Hanen said that the plaintiffs are likely to succeed in their case that DACA is unlawful because it oversteps the authority of the executive branch. He said that DACA is a program that “Congress should consider saving” if it ever wants to permanently stay.

“Here, the egg has been scrambled. To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country,” Hanen wrote in his ruling.

Many immigrants’ rights advocates are celebrating the order as it will help many DACA recipients.

“Today DACA beneficiaries like myself and my little sister breathe a sigh of relief,” said Greisa Martinez, the deputy executive director of United We Dream told NPR NEWS. “But we aren’t out of the woods yet.”

The road still isn’t easy for DACA recipients who’ve faced constant lawsuits and federal orders against the program within the last year. The Trump administration has lead these efforts by seeking to end DACA, but have been blocked by federal courts in California, New York and Washington, D.C. Only existing DACA recipients can renew their status while those cases remain unresolved, but new applicants can’t join the program as of now.

The ruling coincidentally landed near the one year anniversary of President Trump’s order to end to the Obama-era program.

There are almost 700,000 DACA recipients in the United States since the Obama-era program began back in 2012. On September 5, 2017, President Trump ordered an end to the program urging Congress to pass a replacement and gave the program a six month deadline before he would begin phasing out protections. Federal judges blocked the administration from ending DACA before the six-month deadline. Instead, the courts ordered the administration to continue renewing any existing two-year permits.

“The past year has taken a wild ride on the DACA story,” Josh Blackman, a law professor at the South Texas College of Law Houston told CNN. “Everyone agrees that Congress should do this, there is no reason we should still be fighting about this in the courts.”


READ: The US Government Is Questioning The Citizenship Of Some Latinos Along The Texas/Mexico Border

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Federal Judge Rules Acting Of DHS Unlawfully Appointed, DACA Suspension Invalid

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Federal Judge Rules Acting Of DHS Unlawfully Appointed, DACA Suspension Invalid

Greg Nash-Pool / Getty Images

A federal judge ruled that Chad Wolf was illegally appointed a head of Department of Homeland Security (DHS). The announcement is a major win for Deferred Action for Childhood Arrivals (DACA) recipients. Earlier this year, the Supreme Court ruled that the Trump administration wrongly tried shutting down the DACA program.

A federal judge in New York delivered DACA recipients and advocates a major win.

After more than a year, Judge Nicholas Garaufis ruled that Chad Wolf was unlawfully appointed as acting head of DHS. The ruling invalidates a memo Wolf released on July 28 suspending new applications for DACA recipients. The judge ruled that Wolf was not lawfully appointed because President Trump did not appoint Wolf in accordance with the law.

It is another loss for the Trump administration after losing the presidential election.

Wolf’s memo directed at DACA affected million of young people trying to live, work, and go to school in the U.S. DACA recipients and activists have been fighting the federal government’s attack on the program for years. The Trump administration announced their first attempt to kill the program in September 2017.

People are celebrating the ruling for setting things right.

“Today’s decision is another win for DACA recipients and those who have been waiting years to apply to the program for the first time,” said Karen Tumlin, director and founder of Justice Action Center, in a statement. “After the June Supreme Court victory, the Trump administration was bound to reset the DACA program to its original terms from 2012. Rather than doing that, the Trump administration gutted the program again—locking out young people who had been waiting years to apply and severely curtailing the program for existing DACA recipients. DACA recipients and immigrant youth deserve more—much more.”

The case has exposed a lot of questionable moments in Wolf’s appointment.

A brief states that it appears that the DHS told the Department of Justice that things might be different than what was presented. The brief highlights that DHS’s claim that the person who appointed Wolf was himself appointed at a different time casting doubt on the series of events that led to Wolf’s confirmation by the Senate.

Attorneys are ready to help people renew and submit their DACA paperwork.

If you or someone you know needs help with their DACA paperwork and submitting paperwork, click here for a list of resources. You can also reach out to the Immigrant Legal Resource Center for help with your DACA needs.

READ: President Trump Falsely Claimed That Covid Is To Blame For Ending DACA

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Julián Castro Is Bringing Back His ‘Adiós Trump’ Shirts To Raise Money For Dreamers

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Julián Castro Is Bringing Back His ‘Adiós Trump’ Shirts To Raise Money For Dreamers

JOSEPH PREZIOSO / AFP via Getty Images

Joe Biden and Kamala Harris will be the next president and vice president in the White House. There is a lot of excitement from the American people that four years of President Trump are coming to an end. In fact, people are so excited that Julián Castro brought back his iconic “Adiós Trump” t-shirt.

Julián Castro joined the more than 76 million Americans in celebrating a Biden/Harris victory.

After five days of ballot counting and obsessively refreshing our phones, all major media outlets called the election for Joseph Robinette Biden Jr. and Kamala Devi Harris. It was a resounding rebuke of President Trump and his administration. The Biden/Harris campaign were able to flip Wisconsin, Michigan, and Pennsylvania, which all went for Trump in 2016. Fox News and the Associated Press even called Arizona, another flip, for the Biden/Harris campaign. Votes in Georgia show Biden ahead of Trump by more than 12,000 votes.

In response, you can now buy an “Adiós Trump” shirt to benefit DACA recipients.

Julián Castro was a presidential candidate in the Democratic primary when he first released the shirt in his shop. The line came from a debate when Castro said he was looking forward to saying “adiós to Trump.” After the election, demand for the shirt was great enough that Castro brought it back with a purpose.

You can buy the shirt through Act Blue. The Act Blue page is letting everyone know that the shirt is back to give everyone a chance to celebrate in style while raising money for a good cause.

The funds raised will go to United We Dream.

United We Dream is the leading organization for the undocumented youth community. The immigrant-led organization has more than 400,000 members and its goal is to fight for immigrant rights and dignity. United We Dream has been a leading voice in protecting DACA and DACA recipients.

The DACA recipient community has been living in fear during President Trump’s term.

The Trump administration has been attacked DACA recipients since September 2017 when former-Attorney General Jeff Sessions announced the end of the program. Since then, there have been several court battles with the Trump administration to end the program. The case has made its way to the Supreme Court this year. The justices sent the case back giving the Trump administration another chance to rework their argument before arguing the case again.

DACA was created by the Obama/Biden administration. DACA recipients celebrate the program as creating some kind of certainty for the DACA community. However, they want things to go further. That is why DACA organizers are already planning on their conversations with the Biden/Harris administration.

READ: President Trump Falsely Claimed That Covid Is To Blame For Ending DACA

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