U.S. judge to hear case that could end ‘Dreamer’ deportation protections
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[December 22, 2020]
By Mimi Dwyer and Ted Hesson
(Reuters) - A U.S. judge in Texas will hear
arguments on Tuesday in a lawsuit that could end an embattled program
that grants deportation relief to hundreds of thousands of immigrants
who came to the United States as children.
The case is one of the most significant challenges yet to the legally
and politically contentious Deferred Action for Childhood Arrivals (DACA)
program created by former U.S. President Barack Obama in 2012.
A nine-state coalition led by Texas Attorney General Ken Paxton is
seeking to end DACA, arguing that Obama created the program without
going through the correct regulatory steps and exceeded his executive
authority.
Republican President Donald Trump moved to end DACA in 2017, but the
Supreme Court found that his administration's efforts were "arbitrary
and capricious" and did not follow proper procedures.
The Supreme Court did not rule on the overarching legality of the DACA
program, but that matter could be addressed in the Texas-led lawsuit
being heard on Tuesday.
Paxton also led the multi-state effort to get the presidential election
results from four states thrown out, which the Supreme Court swiftly
rejected.
The DACA case is before Houston-based U.S. District Judge Andrew Hanen,
who ruled against a more expansive Obama deportation relief program in
2015. The 5th U.S. Circuit Court of Appeals upheld that earlier ruling
and the Supreme Court deadlocked 4-4 on the issue in 2016, leaving the
lower court decision in place.
Hanen has signaled some ambivalence on DACA, writing in 2018 that "the
egg has been scrambled" for recipients since the program had been in
effect for years.
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Demonstrators rally outside the U.S. Supreme Court as justices were
scheduled to hear oral arguments in the consolidation of three cases
before the court regarding the Trump administration’s bid to end the
Deferred Action for Childhood Arrivals (DACA) program in Washington,
U.S., November 12, 2019. REUTERS/Jonathan Ernst
If Hanen rules in favor of the state challengers, future
applications to DACA could be closed, and current recipients could
eventually lose the benefits conferred on them by the program, which
not only protects from deportation but also provides access to work
authorization, driver's licenses and, in some cases, forms of
educational financial aid.
The plaintiff states have said they are amenable to phasing out the
program, which does not create a pathway to citizenship.
Daiana Lilo, a 20-year old DACA recipient of Albanian descent
currently studying at Harvard University, said she plans to listen
to the court hearing remotely.
Lilo worked on President-elect Joe Biden's campaign as an organizer
and wants the Democrat to secure more permanent protections for her
and others in the program. Biden becomes president on Jan. 20.
"I hope they recognize and see the Dreamers that have helped them,"
she said of the incoming Biden administration. "Now it’s time to
help us."
(Reporting by Mimi Dwyer and Ted Hesson; Editing by Bill Berkrot)
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