Oral Arguments Set for DACA legality

@KarenTulim
Big court news: oral argument set in the case by Texas challenging the legality of #DACA. July 6 in New Orleans at the Fifth Circuit court of appeals.
@DOJCivil & @MALDEF will argue to defend the legality of DACA. #HomeIsHere

is the fifth circuit court favorable?

Anyone has a timeline?

Daca declared unconstitutional is the only thing that will force the fossils in Congress to pass immigration reform.

Legal experts have told me they think a decision could come roughly anywhere around September-November this year from the 5th Circuit. That would set up DACA at the Supreme Court again - but this time on its legality - decided next June. As a reminder this court is worse. 10/

@leedsgarcia

Timeline doesn't look good. If it was earlier and it was not in favor of DACA, democrats could campaign on it or even do something but this is right around or maybe even after midterms.

Yea this is really bad timing. If the ruling comes after midterms and the GOP gains majority of House and Senate then I doubt anything will be done no matter the verdict. But we will see...

Let me give you guys some hope, that may crash later

What is happening in the Batalla Vidal case in New York?
On April 4, 2022, the Batalla Vidal plaintiffs (a nationwide class of all those who hold DACA or are DACA eligible) had a pre-motion conference with the court in the Eastern District of New York. With Congress having failed to act and a proposed new DACA regulation still unfinalized, plaintiffs asked the New York court for relief for the approximately 80,000 individuals who applied for DACA after the court ordered the government to accept and adjudicate first-time applications in December 2020, but whose applications were stalled when a Texas federal court ordered the government to stop granting initial DACA applications in July 2021. We explained to the New York court that there is a space between the New York order and the Texas order that would allow the New York court to provide meaningful relief to the 80,000 first-time DACA applicants who applied during that period and whose applications are still in limbo. The New York court asked plaintiffs to submit briefs on two possible options: (1) the possibility of ordering the government to process first-time DACA applications submitted between December 2020 and July 2021 up to the point of, but not including, a grant or denial, and (2) some form of interim relief to those 80,000 DACA applicants that would last until their applications are ultimately adjudicated. The briefing will be completed on June 6, and the New York court may schedule another conference thereafter.

What does this mean?
Plaintiffs believe the government took actions that violated the New York court order. Specifically, the New York court had ordered the federal government to accept and adjudicate first-time DACA applications. Later on, the Texas court ordered that the government could not grant first-time applications. The government interpreted the Texas court’s decision as forcing it to not process and adjudicate first-time DACA applications that had been pending before July 16, 2021, when the Texas court issued its decision, despite the fact that these applicants paid filing fees and filed at a time when the government was obligated to process those applications pursuant to the New York court’s December 2020 order. Further, the government interpreted the Texas order as barring it from processing renewal requests for DACA recipients whose DACA expired more than one year ago, because the government treats those applications as initial applications without justification.

Some more details:

@leedsgarcia
So anyway, the current state of play is that DACA is closed except for existing DACA recipients and it’s been deemed unconstitutional by a TX District Court. The next stage of this lawsuit is hearing the appeal in the 5th Circuit. That is what this July 6th hearing is. 5/

So about the 5th. Without wanting to be doom & gloom it’s important to be eyes wide open. We will lose at the 5th Circuit. This Circuit is the same court that heard the DAPA case (basically the same case) in the Obama era and deemed it unconstitutional. The issue is how we lose. 6/

To that end, on any day the District Court judge could change his mind & stop renewals, it seems like while being the horrific bad guy he doesn’t want the blame of ending renewals (even though he’s effectively ended the program). 7/

But the 5th Circuit could make a different decision & stop renewals when they decide. So in an ideal losing scenario they don’t disrupt the ability to renew as the case moves to the Supreme Court, as we should anticipate the 5th Circuit decision will be appealed to the SCOTUS 8/

In simple terms, what foes this mean? Lol

They want the Eastern District Court of NY to override the Texas District court and allow new applications.