The long and winding legal wrangling over DACA continues tomorrow in Texas. However, it’s most notable antagonist, Attorney General Ken Paxton won’t be there after he was impeached and suspended from duties.
On June 1, Judge Andrew Hanen will hear oral arguments in the case Texas v. United States, which is a multi-state effort to challenge the legality of DACA that was initiated by Paxton. Hanen had previously ruled that DACA was unlawful, but allowed the program to continue for current recipients who can renew their status every two years.
In 2012, President Obama announced DACA (the Deferred Action for Childhood Arrivals), which would permit young immigrants brought to the United States as children to remain temporarily in the country with two-year work visas. Last August, the Department of Homeland Security announced a “final rule” meant to fortify DACA amidst the constant legal attacks.
Hanen’s ruling last year was appealed by MALDEF (the Mexican American Legal Defense and Educational Fund) and attorneys from the Department of Justice and the state of New Jersey. The Fifth Circuit Court of Appeals upheld Hanen’s ruling but sent the case back to the lower court to determine the legality of Biden’s final rule.
According to a press briefing held by MALDEF, a speedy ruling from Hanen is unlikely, given this is not an emergency. Attorneys for the organization noted that there were two separate legal questions at hand: the legality of DACA and whether the state of Texas has standing in this lawsuit. MALDEF maintains that the Attorney General’s office of Texas has not met the burden of proof “showing concrete injury attributable to DACA.”
Lawyers with MALDEF also emphasize that any ruling from Hanen would not mean DACA would immediately end. The state of Texas is asking for a four-year winddown. Regardless of how Hanen rules, appeals would be likely. In 2020, the Supreme Court ruled 5-4 that efforts from the Trump administration to end DACA were illegal.
For the lawyers with MALDEF, this entire legal back-and-forth is indicative of Congress’s failure to act on comprehensive immigration reform. Polling from Pew Research shows that 74 percent of Americans are in favor of granting legal status to those who came to this country as children. In any given year, there are about 100,000 DACA recipients in the state of Texas.
A longtime writer and journalist, Jessica was thrilled to join the Texas Signal where she could utilize her unique perspective on politics and culture. As the Features and Opinion Editor, she is responsible for coordinating editorials and segments from diverse authors. She is also the host of the podcast the Tex Mix, as well as the co-host for the weekly SignalCast. Jessica attended Harvard College, is a onetime fitness blogger, and has now transitioned to recreational runner (for which her joints are thankful).
