5th Circuit Wins Major Texas Immigration Victory, DACA Ruling Unconstitutional

By Bethany Blankley (The Center Square)

The Fifth Circuit Court of Appeals upheld a Texas federal judge’s ruling that the Obama-era Deferred Action for Childhood Arrivals (DACA) program is unconstitutional.

The program, created by a 2012 Department of Homeland Security memo, prevents the deportation of certain foreign nationals who were illegally brought to the United States as children. It initially applied to around 800,000 people. Program participants received US Social Security numbers, even if they are not US citizens, work authorization, and the ability to renew their DACA status every two years, protecting them from deportation.

“Texas wins big against lawless, open-border Biden administration on 5th Circuit,” Texas Attorney General Ken Paxton tweeted after Wednesday’s ruling. “The Court of Appeal has just CONFIRMED the victory of my team before the court of first instance. DACA — part of the Dems’ scheme to flood our country with strangers — is illegal and will remain banned. Huge victory for the rule of law in America!

In 2017, President Donald Trump unsuccessfully attempted to overturn DACA. In 2018, Texas and other states sued, arguing the program was unconstitutional.

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Last July, U.S. District Judge Andrew Hanen ruled in favor of Texas, saying DACA is unconstitutional because immigration law and deportation oversight are set by Congress, not a secretary. federal agency within the executive.

In his ruling, Hanen allowed current DACA recipients to remain in the United States, but prevented the application of DACA to minors who continue to be brought into the United States illegally. In upholding Hanen’s decision, the appeals court also allowed current DACA recipients to remain in the United States.

He also referred the matter to Hanen to review a new federal rule change proposed by Department of Homeland Security Secretary Alejandro Mayorkas and determine its legality. Mayorkas’ proposal codifies the existing DACA policy as federal regulation. Unless discontinued, it is expected to come into effect on October 31.

Chief Judge Priscilla Richman of the 5th Circuit of Appeals praised Hanen’s earlier ruling, saying that “the district court’s excellent opinion correctly identified the program’s fundamental substantive flaws.” The DACA memorandum contracts significant portions of the [Immigration and Naturalization Act].

“DACA creates a new class of otherwise removable aliens who can obtain legal presence, work authorization and associated benefits. Congress has determined which foreigners are eligible for these benefits, and it has not included DACA recipients among them.

The court concluded, “We agree with the district court’s reasoning and findings that the DACA memorandum violates the comprehensive statutory regimes of withdrawal, grant of legal presence, and grant of permission to work.”

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Sending the case back to the lower court, she added, “A district court is best placed to review the administrative record in the rule-making process and determine whether our findings regarding the 2012 DACA memorandum fully resolve the issues. regarding the final rule. ”

The Justice Department is expected to appeal the decision, setting the case in the US Supreme Court.

Many industries in Texas that have historically relied on illegal immigrants, legal migrants, and DACA recipients for work have lobbied for permanent legal status for DACA recipients. They also expressed their opposition to the decision. Represented by several associations, some Texas employers are urging Congress to put in place a permanent solution for DACA recipients, whom they call “Dreamers”.

The Texas Association of Business, Texas Business Leadership Council, Texas Restaurant Association, Texas Retailers Association, Texas Nursery & Landscaping Association, Rio Grande Valley Partnership, San Antonio Chamber of Commerce, North Texas Commission and Greater Houston Partnership released a joint statement saying the decision will have “a devastating impact on the Texas workforce, economy, and communities without a permanent congressional legislative solution that allows Dreamers to continue to live, work, and study.” in the Lone Star State and in the nation as a whole. Since DACA was enacted a decade ago, more than 100,000 Texan immigrants have started businesses, established careers and built families that help our communities and our state succeed.

In August, total nonfarm employment hit a record 13.5 million people employed in Texas, according to state data. DACA recipients represent 0.74% of the total Texas workforce.

The groups argue the decision “is another step closer to ending DACA policy” and “supports uncertainty for hundreds of thousands of DACA recipients while failing to support the future generation of Dreamers.”

“During an already challenging time for the Texas workforce and economy,” the groups add, “Texas businesses cannot afford any more setbacks to building a strong workforce. We urge Congress to establish a permanent legislative solution for Dreamers to allow these immigrants to live without fear and continue to contribute to the prosperity of our state.

Syndicated with permission from The central square.