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#1
04-28-2023, 04:06 PM
Senior Member
Joined in Sep 2015
1,614 posts
beingoflight
https://www.google.com/amp/s/www.cbs...eamers/?espv=1

The Biden administration on Thursday asked a federal judge in Texas to stop short of ordering the full termination of the Deferred Action for Childhood Arrivals (DACA) immigration policy if he finds it unlawful, a last-minute attempt to limit a looming ruling that could dictate the fate of nearly 600,000 "Dreamers."

The Justice Department's filing late Thursday was part of the last set of filings ordered by U.S. District Judge Andrew Hanen, who is reviewing a request by a coalition of Republican-led states led by Texas to terminate DACA over a two-year period. With all filings submitted, Hanen could issue a decision at any time.

In its filing Thursday, the Biden administration said Hanen should uphold the legality of the new rules. But it conceded that the 5th Circuit had already declared DACA unlawful.

If Hanen finds the DACA regulations unlawful, the Justice Department said he should only strike down parts of the program, such as the work permit provision, and give the Department of Homeland Security (DHS) time to make changes to the policy.

Any ruling in favor of the Republican-led states, the Justice Department argued, should only apply in Texas since only that state "has attempted to show" it is harmed financially by DACA.

In the event that Hanen moves to void the regulations, he should pause his order to ensure DACA recipients are able to continue renewing their deportation protections and work permits while the government appeals the ruling, the Justice Department said. The administration also asked Hanen to let DHS impose a wind-down period for DACA, instead of imposing one himself, if a ruling against the program is upheld by higher courts.
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Last edited by beingoflight; 04-28-2023 at 04:08 PM..
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