Posted on Nov 9, 2023
Department of Justice, civil rights group to appeal federal judge's ruling declaring DACA illegal...
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The U.S. Department of Justice and a civil rights group filed legal notices on Thursday saying they plan to appeal a federal judge’s recent ruling that declared illegal a revised version of a federal policy that prevents the deportation of hundreds of thousands of immigrants brought to the U.S. as children.
In September, U.S. District Judge Andrew Hanen in Houston ruled in favor of Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The federal policy was first created by the Obama administration in 2012.
In his ruling, Hanen expressed sympathy for DACA recipients and their families but said the executive branch had overstepped its authority in creating the program and it was up to Congress to take action on this issue.
In September, U.S. District Judge Andrew Hanen in Houston ruled in favor of Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The federal policy was first created by the Obama administration in 2012.
In his ruling, Hanen expressed sympathy for DACA recipients and their families but said the executive branch had overstepped its authority in creating the program and it was up to Congress to take action on this issue.
Department of Justice, civil rights group to appeal federal judge's ruling declaring DACA illegal...
Posted from abcnews.go.com
DOJ
Immigration
Refugees
Children
State of Texas
Posted 6 mo ago
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PO1 William "Chip" Nagel
..."In September, U.S. District Judge Andrew Hanen in Houston ruled in favor of Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The federal policy was first created by the Obama administration in 2012.
In his ruling, Hanen expressed sympathy for DACA recipients and their families but said the executive branch had overstepped its authority in creating the program and it was up to Congress to take action on this issue.
In separate notices of appeal filed Thursday, the U.S. Department of Justice, which represented the federal government, and the Mexican American Legal Defense and Educational Fund, or MALDEF, which is representing DACA recipients in the lawsuit, said they plan to ask the 5th U.S. Circuit Court of Appeals in New Orleans to overturn Hanen’s ruling.
The Texas Attorney General’s Office, which represented the states in the lawsuit, did not immediately reply to an email seeking comment on the appeal.
The appeals process, including the filing of legal briefs, likely oral arguments before 5th Circuit judges and a ruling, was expected to take months to complete. But the DACA program’s fate was ultimately expected to end up for a third time before the U.S. Supreme Court.
Hanen’s order extended the current injunction that had been in place against DACA, which barred the government from approving any new applications, but left the program intact for existing recipients, known as “Dreamers,” during the ongoing legal review."
..."In September, U.S. District Judge Andrew Hanen in Houston ruled in favor of Texas and eight other states suing to stop the Deferred Action for Childhood Arrivals, or DACA, program. The federal policy was first created by the Obama administration in 2012.
In his ruling, Hanen expressed sympathy for DACA recipients and their families but said the executive branch had overstepped its authority in creating the program and it was up to Congress to take action on this issue.
In separate notices of appeal filed Thursday, the U.S. Department of Justice, which represented the federal government, and the Mexican American Legal Defense and Educational Fund, or MALDEF, which is representing DACA recipients in the lawsuit, said they plan to ask the 5th U.S. Circuit Court of Appeals in New Orleans to overturn Hanen’s ruling.
The Texas Attorney General’s Office, which represented the states in the lawsuit, did not immediately reply to an email seeking comment on the appeal.
The appeals process, including the filing of legal briefs, likely oral arguments before 5th Circuit judges and a ruling, was expected to take months to complete. But the DACA program’s fate was ultimately expected to end up for a third time before the U.S. Supreme Court.
Hanen’s order extended the current injunction that had been in place against DACA, which barred the government from approving any new applications, but left the program intact for existing recipients, known as “Dreamers,” during the ongoing legal review."
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