DACA Court Update!

Today all the parties in the case by Texas challenging the legality of DACA filed briefs at the 5th Circuit on what the new DACA regulation means for the case. A thread on those briefs & what could come next:

1. Nothing has changed today. DACA renewals remain open to folks with current DACA. Folks with DACA can apply for advanced parole. And first-time DACA applications, sadly, can be accepted but not adjudicated. Today was just an important set of court papers being filed.

2. This case involves TX (& a handful of other states) who sued to end DACA claiming it is illegal. They won in district court in July 2021, and the case is now up on appeal to the 5th Circuit. The 5th circuit now has all the papers before it & could issue its ruling any day.

3. The Biden administration (DOJ) is defending DACA in this suit, so is @MALDEF (who represents DACA recipients in the case) & the @NewJerseyOAG. There are a range of groups involved in the lawsuit & in today's papers they take a range of positions on what the new reg means.

4. 1 question is if the 5th circuit should consider the new reg or send the case back to the district court for that. DOJ & TX say the 5th circuit should not send the case down to the district court. MALDEF and NJ, however, ask for the case to be sent to the district court.

5. So this is the first thing to watch, will the 5th circuit keep the case and decide it or will it send the case back to the district court? When will we get a decision is another key question. We unfortunately do not know. So, we just have to be ready for a decision any day.

6. Another key question is whether the 5th circuit will address the new reg if it keeps the case. DOJ and TX agree that they have the ability to do so. Though TX thinks the 5th Circuit need not address the new reg if they rule before 10/31.

7. None of the parties dispute that the new regulation is materially identical to the DACA program as created by the 2012 Napolitano memo. So, the needle has moved very little on the parties' underlying arguments as to whether DACA is legal or not.

8. 1 argument that is > clear in this DOJ brief is that the Biden admin believes the new reg (& the DACA program) is "severable". They clarify that even if a court finds portions of DACA, such as work authorization, to be unlawful, they would keep the rest of the program.

That's the update on the court papers. But this has never been about papers or a program. It's about a million young people who deserve permanent protections. If you a DACA recipient, work w/ one, live next to one, this is the time to make your voice heard.

https://twitter.com/KarenTumlin/stat...97434599370752

I didn't know the goal of this new regulation was to break up DACA into smaller pieces. So they're trying to preserve the program even if the court finds some of it illegal like work authorizations? Imo, if work authorization goes away DACA is dead. There is 0 value for me and most people I would guess. I would hate it if the intention is to say "hey we did this so DACA is technically not dead"

They could easily fix everyones immigration problem if the really wanted to without giving "amnesty"
Most people on DACA or current illegal status could easily adjust if they remove the double entry ban, increased the amount of green cards to family base instead of waiting 20 plus years

this is what we got thanks to the NPCs pandering to the demonrats.

but whatever when Trump come back in 2024 and kills DACA in one slice and everyone enters panic it will force both sides to compromise and pass something for good.

Bingo you’re insane but I’m glad the real life you isn’t a maga

You're wrong there. The value is that you won't get deported if you get pulled over for running a stop sign....or if you have a messy case and you're trying to adjust your status (like myself) You can still get a driver's license in most states too, go to school, etc. with your pseudo status. It's not as good as DACA right now but it's not nothing.

please plug me in into The Matrix, brother.
i have taken the red pill, everyone is an NPC but us.

That's true. I guess something is always better than nothing. My perspective is kinda different in that I've always had DACA when it mattered (end of high school). I've since graduated college and have been working for a few years (also did internships throughout college). It's very specialized engineering; I can't imagine going from this to working small jobs under the table. All my years of studying and working would be rendered completely useless

I know the sentiment, believe me. It's hard to have something and then see it taken away from you. I never qualified for DACA on the account of being "old" in my 30's when DACA was enacted, but in my younger life as an undocumented person I had pseudo status for a while after being paroled, and in the 90's, it was so much easier to live- getting a DL or bank account wasn't tough, etc. and I've watched each little thing get taken away from me.

But, overall, I think DACA folk will still be in much better shape than the older, unlovable dreamers so even if EADs are taken away, you're still on the fast track for any sort of law that comes along.

exactly, I rather have a license than work authorization.