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Federal Judge Rules DACA Illegal; Immigrants Groups Urge Congress to Act on Immigration Reform

Hanen’s decision does not prevent existing DACA recipients from applying to renew their status, but it does prevent thousands of new applications from being able to apply moving forward.

Published

3 years ago

July 23, 2021

Isabelle Price

Political propaganda paper lying on the Westminster Bridge, London. Photo courtesy of Metin Ozer via Unsplash

A Texas federal judge ruled DACA illegal last week, partially suspending the crucial immigration program and halting all new applicants to it. President Biden called the decision “very disappointing” and said the Department of Justice would appeal it, while immigrants’ rights groups urged Congress to pass comprehensive immigration reform.

The ruling is the latest and perhaps most devastating development in the legal saga that has surrounded the program since former President Obama introduced it in 2012 after years of failed attempts at immigration reform. The program, which stands for Deferred Action for Childhood Arrivals, covers undocumented immigrants who were brought to the US by their parents as children, granting them temporary protection from deportation and allowing them to work. At least 650,000 people, known as Dreamers, are protected by the program, including about 200,000 in California, the largest number for any single state.

But conservatives have fought the program with legal challenges since its inception. No new DACA applicants were accepted for nearly three years under former President Donald Trump. Last summer, the Supreme Court blocked Trump from ending the program, calling his move to stop it “arbitrary and capricious.” The court did not rule on the legality of the program in general, however. Now, Texas judge Andrew Hanen has ruled that Obama overstepped his authority as president when he implemented the program, siding with Republican attorneys general who made that argument in their legal challenge. Hanen, a Republican appointee to the federal bench, was widely expected to rule against DACA.

Hanen’s decision does not prevent existing DACA recipients from applying to renew their status, but it does prevent thousands of new applications from being able to apply moving forward.

Immigrants’ rights groups reacted to the ruling, slamming Hanen’s decision and calling on Congress and the Biden administration to finally pass comprehensive immigration reform. “This decision will spread fear and confusion throughout our workforce and our community, a community that has already been devastated by the impact of COVID-19, xenophobia, and the decision-making paralysis in Congress,” Texas-based group RAICES said in a statement. “Judge Hanen’s rash decision reiterates the immediate need for Congress and the Biden administration to keep their promise and create a pathway to citizenship for all undocumented people in the United States.”

“Today’s ruling is evidence that DACA is not enough,” Greisa Martinez Rosas, executive director of United We Dream, said in another statement. “The program has always been temporary, leaving hundreds of thousands of lives vulnerable to the next attack…. The only thing that can protect all immigrant youth, TPS holders, farm workers and other essential workers, is a path to citizenship through reconciliation. Until President Biden and Democrats in Congress deliver on citizenship, the lives of millions of undocumented people remain on the line. Democrats must pass a pathway to citizenship this year, no excuses!”

Senate Judiciary Chair Dick Durbin, one of the original sponsors of legislation to protect Dreamers, suggested that Democrats may now attempt to pass immigration reform on their own, without the support of Republicans.

Isabelle Price

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Oakland Post: Week of January 8 – 14, 2025

The printed Weekly Edition of the Oakland Post: Week of January 8 – 14, 2025

Published

4 days ago

January 11, 2025

Oakland Post

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Supreme Court Decision Confirms Convicted Felon Will Assume Presidency

NNPA NEWSWIRE — In a 5-4 ruling, the court stated that Trump’s concerns could “be addressed in the ordinary course on appeal” and emphasized that the burden of sentencing was “relatively insubstantial” given that Trump will not face prison time. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberal justices in the majority, with four conservative justices dissenting.

Published

5 days ago

January 10, 2025

Stacy M. Brown

By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

The Supreme Court on Thursday rejected President-elect Donald Trump’s emergency request to block criminal proceedings in his New York hush money case, ensuring that a sentencing hearing will proceed as scheduled on Friday. The decision makes it official that, on January 20, for the first time in its history, the United States will inaugurate a convicted felon as its president.

In a 5-4 ruling, the court stated that Trump’s concerns could “be addressed in the ordinary course on appeal” and emphasized that the burden of sentencing was “relatively insubstantial” given that Trump will not face prison time. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberal justices in the majority, with four conservative justices dissenting.

Trump was convicted in May for falsifying business records related to a $130,000 payment to adult film star Stormy Daniels before the 2016 election. Manhattan District Attorney Alvin Bragg argued that the Supreme Court lacked jurisdiction to intervene in a state criminal case, particularly before all appeals in state courts were exhausted.

Trump’s legal team claimed the sentencing process would interfere with his transition to power and argued that evidence introduced during the trial included official actions protected under the Supreme Court’s prior ruling granting former presidents immunity for official conduct. Merchan, the New York judge who presided over the trial, ruled in December that the evidence presented was unrelated to Trump’s duties as president.

Prosecutors dismissed Trump’s objections, stating that the sentencing would take less than an hour and could be attended virtually. They said the public interest in proceeding to sentencing outweighed the President-elect’s claims of undue burden.

Justice Samuel Alito, one of the four dissenting justices, confirmed speaking to Trump by phone on Wednesday. Alito insisted the conversation did not involve the case, though the call drew criticism given his previous refusals to recuse himself from politically sensitive matters.

The sentencing hearing is set for Friday at 9:30 a.m. in Manhattan. As the nation moves closer to an unprecedented inauguration, questions about the implications of a convicted felon assuming the presidency remain.

“No one is above the law,” Bragg said.

Stacy M. Brown

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Barbara Lee Launches Campaign for Mayor of Oakland

“At this critical moment, we must not be a city divided, but a community united,” she Lee. “If elected I will bring my hands-on leadership, new ideas and decades of experience in identifying billions in resources for our great city, so all residents and businesses are stronger and safer and our community has optimism and confidence in Oakland’s future.”

Published

6 days ago

January 8, 2025

Oakland Post

By Post Staff

Barbara Lee on Wednesday morning formally announced her candidacy for Mayor in Oakland’s April 15 special election.

“Time and time again, Oaklanders have faced our toughest obstacles by uniting to meet our challenges,” said Lee.

“At this critical moment, we must not be a city divided but a community united,” she said. “If elected, I will bring my hands-on leadership, new ideas, and decades of experience in identifying billions in resources for our great city so all residents and businesses are stronger and safer and our community has optimism and confidence in Oakland’s future.”

“As Mayor, I’ll address our homelessness crisis, prioritize comprehensive public safety and mental health services, and lead with fiscal responsibility to deliver the core City services residents and business owners deserve. Let’s do this – together.”

“I’ve never shied away from a challenge,” said Lee. “I’m always ready to fight for Oakland.”

Watch her campaign video here, which is online at BarbaraLee4Oakland.com