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US Thousands of Pending DACA Applications on Pause After July Court Ruling Suspends Program

09:00  25 july  2021
09:00  25 july  2021 Source:   newsweek.com

Federal judge blocks new applications to DACA

  Federal judge blocks new applications to DACA A federal judge in Texas blocked new applications for the Deferred Action for Childhood Arrivals (DACA) program in a ruling Friday, increasing pressure on Congress to find a legislative solution for undocumented immigrants who arrived in the country as minors.Immigration advocates had been expecting the ruling for weeks, fearing Judge Andrew Hanen - a George W. Bush appointee who is known for his tough stance on immigration matters - could rule against the legality of the Obama-era program as a whole. Hanen ruled that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) "with the creation of DACA and its continued operation.

NEW YORK, July 16 (Reuters) - A U.S. federal judge in Texas on Friday blocked new applications to a program that protects immigrants who were brought to the United States as children from deportation, but said the hundreds of thousands of people already enrolled would not be affected until further court rulings . Cheska Mae Perez, a 23-year-old DACA recipient from the Philippines, said her 22-year-old brother and 20-year-old sister applied for DACA as soon as new applications were allowed following a court order in December 2020. Her brother received his approval a couple of weeks ago, she said

After a 5-4 Supreme Court ruling in 2020, the program was reinstated to its former status. The decision Friday is separate from a previous ruling that Trump's attempt to end DACA was unlawful. My constituents have no insight into the status of their pending applications .” The increased processing time means that thousands of immigrants are left without a work permit. “With the Biden administration, it’s been taking longer than usual,” Castro said. “This has affected so many people around the country because a lot of people obviously need to work in order to sustain their lifestyle…

Thousands of newly-pending Deferred Action for Childhood Arrivals (DACA) applications are on pause after a July 16 court ruling suspended the program, the Associated Press reported.

a person holding a sign: Thousands of pending DACA applications are on pause after a July court ruling. In this photo, people participate in a march in support of a pathway to citizenship for immigrants on July 23, 2021 in New York City. © Michael M. Santiago/Getty Images Thousands of pending DACA applications are on pause after a July court ruling. In this photo, people participate in a march in support of a pathway to citizenship for immigrants on July 23, 2021 in New York City.

At Citizenship and Immigration Services, 90,000 DACA applications were pending as of last week, said Astrid Silva, the head of Dream Big Nevada.

The DACA program was created through executive order under former President Barack Obama in 2012 to protect migrant children brought to the U.S. as minors from deportation. However, a federal judge in Texas ruled the program illegal and now many that recently applied may not see approval.

DACA Ruled Unconstitutional, Rescuing Dreamers Moves to Congress

  DACA Ruled Unconstitutional, Rescuing Dreamers Moves to Congress The DACA program protecting from deportation hundreds of thousands of “Dreamers” who came to the U.S. as children has suffered a major blow, after a federal judge ruled that it was implemented unconstitutionally. © Bloomberg U.S. Supreme Court Hearing On Legality Of DHS Decision To Wind Down DACA U.S. District Judge Andrew Hanen of Houston issued his ruling Friday in a suit brought by Republican-led states over the Deferred Action for Childhood Arrivals program, which was implemented by the Obama administration on behalf of almost 650,000 Dreamers fighting to stay in the country.

The Daca program , created in 2012 by former president Barack Obama through executive order, allows certain immigrants who arrived in the US as children to live in the United States legally for two years at a time with the opportunity of renewal. The Department of Homeland Security sent a statement from Mayorkas said the agency would continue processing Daca renewal requests, consistent with the ruling . But US Citizenship and Immigration Services (USCIS), which is under his jurisdiction, has already sent cancellations for appointments for first-time applicants , according to texts shared with

The latest ruling calling DACA illegal involved a lawsuit that had been filed by Texas and eight other states. They said Obama didn't have the authority to create the program and that it was an action under the power of Congress. U.S. District Judge Andrew Hanen in Houston agreed, saying in his ruling Immigration attorneys say the court decision has renewed fears about the future of the program and once again puts young immigrants in a precarious position. Attorney Max Meyers with the Mississippi Center for Justice was gearing up to submit DACA paperwork on behalf of 40 young immigrants last

In Houston, U.S. District Judge Andrew Hanen agreed with a lawsuit, filed by nine states including Texas, that argued DACA's creation should have been Congress' power, not Obama's.

"Rather than people treating people as humans with foundational needs to go to school and be able to get a job, a judge decided that politics is more important in striking this down," said Max Meyers, an attorney for the Mississippi Center for Justice.

Before the ruling, Meyers was going to hand in DACA paperwork for 40 young immigrants, according to the AP. The program will remain avaiable for individuals that already had their applications approved.

For more reporting from the Associated Press, see below.

When the text message popped up on his phone, Samuel Alfaro didn't want to believe it.

DACA: Federal judge's ruling underscores the human cost of congressional inaction

  DACA: Federal judge's ruling underscores the human cost of congressional inaction A federal judge in Texas dealt a searing blow to the hundreds of thousands of immigrants protected by the Deferred Action for Childhood Arrivals program Friday, casting their lives once again into legal limbo while underscoring the devastating human cost of Congress' inability to act.Recipients of DACA, a program created by President Barack Obama in 2012 to shield from deportation undocumented immigrants who were brought to this country as children, have lived in uncertainty for years as the battle over their status played out in the courts and lawmakers in Washington failed to deliver on their promise of a permanent solution.

“Although the applications will be received by the department, they will be neither granted nor rejected, and instead will be held, placed into a bucket pending a policy consideration that takes place and that now I can tell you is still ongoing at the department,” said Stephen Pezzi, a lawyer with the Justice Department. For weeks after the ruling , the USCIS website said the government was not accepting further DACA applications , putting the administration in conflict with court orders to restore the programme .

The memo suspended new applications to the program that protects some young immigrants from deportation and reduced how long renewals were valid, from two years to one year. Friday’s ruling follows one in November by Garaufis that found that Wolf was unlawfully in his position. Garaufis said the government has three days to post a public notice that new DACA applications are being accepted. He also gave the government one month to provide a status report on the program . An email seeking comment was sent by The Associated Press to the Department of Homeland Security.

It said his appointment with U.S. immigration services about his application to join the DACA program, the one he had been waiting on for months, was canceled.

"I thought it was a scam," the 19-year-old from Houston said of the message he received Sunday night, hours before his appointment.

Alfaro went to the U.S. Citizenship and Immigration Services website and "kept checking it, refreshing it every few hours." Later, he got an email, confirming it was true.

Now, he simply feels "a little sad."

Alfaro isn't the only one. Tens of thousands of young immigrants in the country without legal status are in the same position.

The ruling bars the government from approving any new applications, like that of Alfaro, whose parents brought him to the U.S. from Mexico when he was 2, along with his older brother. Immigrants and advocates have said they will appeal.

In a statement, Citizenship and Immigration Services said it "will comply with the court order, continue to implement the components of DACA that remain in place."

Federal judge in Houston rules DACA unlawful, halts new enrollment applications

  Federal judge in Houston rules DACA unlawful, halts new enrollment applications US District Judge Andrew Hanen ruled in favor of Texas and eight other conservative states that sued to halt the Deferred Action for Childhood Arrivals program.The decision comes out of a challenge to the Deferred Action for Childhood Arrivals program that was filed in 2018 by Texas and other states that argued that the program violated the Constitution because it undermines Congress’ authority on immigration laws.

The latest ruling calling DACA illegal involved a lawsuit that had been filed by Texas and eight other states. They said Obama didn’t have the authority to create the program and that it was an action under the power of Congress. U.S. District Judge Andrew Hanen in Houston agreed, saying in his ruling that “Congress’s clear articulation of laws for removal, lawful After the application period opened in December following the Supreme Court decision, Silva said advocates were patient with the delays, understanding the agency might face a backlog from the coronavirus pandemic or other issues.

The ruling follows one from November where Garaufis said Acting Department of Homeland Security Secretary Chad Wolf was unlawfully in his position. On Friday, the judge said that invalidated the memo Wolf had issued in July suspending DACA for new applications and reducing how long renewals were valid from two Wolf had issued his memo after the U.S. Supreme Court had ruled in June that President Donald Trump failed to follow rule -making procedures when he tried to end the program . Garaufis also ordered the government to put together a status report on the DACA program by Jan.

It's the latest twist for the program, which has been struck down and revived in a constant stream of court challenges since Obama created it.

Former President Donald Trump announced early on that he was ending the program, but a U.S. Supreme Court decision last year determined that he had not done it properly, bringing it back to life and allowing for new applications like the one from Alfaro, who filed at the beginning of the year.

The latest ruling calling DACA illegal involved a lawsuit that said Obama didn't have the authority to create the program and that it was an action under the power of Congress.


Video: Federal judge orders U.S. to stop accepting DACA applications (CNBC)

Hanen agreed, saying in his ruling that "Congress's clear articulation of laws for removal, lawful presence and work authorization illustrates a manifest intent to reserve for itself the authority to determine the framework of the nation's immigration system."

Immigration attorneys say the court decision has renewed fears about the future of the program and once again puts young immigrants in a precarious position.

Biden calls court's DACA decision 'deeply disappointing,' vows to appeal it

  Biden calls court's DACA decision 'deeply disappointing,' vows to appeal it President Biden on Saturday condemned a federal judge’s decision the day before to block new applications for the Deferred Action for Childhood Arrivals (DACA) program, saying that the ruling was “deeply disappointing” and that the Department of Justice (DOJ) plans to appeal it. © UPI Photo President Biden speaks in Philadelphia, Pa., on July 13 Judge Andrew Hanen, a George W. Bush appointee, said in his ruling Friday that the Department of Homeland Security (DHS) violated the Administrative Procedure Act "with the creation of DACA and its continued operation.

Meyers was gearing up to submit DACA paperwork for mostly first-time applicants. But he had to scrap those plans.

"It really just throws everybody back into uncertainty," he said.

Advocates were informed that as of last week, Citizenship and Immigration Services had thousands of new DACA applications pending, according to Silva.

She said the agency received 50,000 applications in the first three months of the year but made decisions on fewer than 1,000.

After the application period opened in December following the Supreme Court decision, Silva said advocates were patient with the delays, understanding the agency might face a backlog from the coronavirus pandemic or other issues. But as time went on, they started to wonder what might be wrong.

"We started seeing these issues from the get-go," Silva said. "We understood COVID and the mail and UPS, and we had an insurrection and it's Christmas. We were, quite honestly, very patient. I think many of us felt like this was a blessing and we can wait a little bit."

"For us, the frustration has really been since January," she said.

Now, the applications have ground to a halt. Silva said advocates are still encouraging eligible people to apply in the hope their applications will eventually be processed and because having something pending with immigration authorities is better than nothing.

A federal judge just declared DACA unlawful. Here’s what that means.

  A federal judge just declared DACA unlawful. Here’s what that means. The decision halts DHS’s ability to accept new DACA applicants.In his 77-page opinion, district court Judge Andrew Hanen concluded that the Deferred Action for Childhood Arrivals program, or DACA, is unlawful because it violates the Administrative Procedure Act, which governs federal rulemaking, by evading the normal “notice and comment” process in adopting new rules.

She's been fielding calls from mothers worried about what this means for their children.

"The applications will literally just be held in a box somewhere," Silva said.

Esperanza Avila, 21, sent her application about a month ago and presumes it's among those on hold. While she is counting on the program to help her get a steady job at Home Depot or as a restaurant server while she pursues her nursing degree in Los Angeles, Avila said she isn't losing hope.

"We've been through this already. They brought down DACA, they brought it back up. It's just like ups and downs," she said. "I do think eventually we'll be OK."

DACA supporters say Congress needs to approve legislation that would offer permanent protection to young immigrants. The House has passed a measure that would create a pathway to citizenship, but it's gone nowhere in the Senate. There's also hope something could be included in budget legislation Democrats want to pass, but it's unclear if that will happen.

Alfaro would love to see it. He's seen the sense of freedom DACA has given his older brother, who initially applied shortly after Obama proposed it. By the time Alfaro was eligible, the Trump administration was in charge, and DACA was out of reach.

When Alfaro, the 19-year-old from Houston, submitted his application and hundreds of dollars in fees this year, he thought it was the beginning of a life where he didn't have to constantly look over his shoulder because he lacks documentation.

"You can get a driver's license and not be scared to be pulled over," he said.

U.S. judge rules DACA program illegal, suspends new applications

  U.S. judge rules DACA program illegal, suspends new applications U.S. judge rules DACA program illegal, suspends new applicationsNEW YORK (Reuters) -A U.S. federal judge in Texas on Friday blocked new applications to a program that protects immigrants who were brought to the United States as children from deportation, but said the hundreds of thousands of people already enrolled would not be affected until further court rulings.

Alfaro looked forward to being able to build a credit score, get a decent-paying job and maybe move out on his own.

He doesn't know what to do now, other than wait. He's trying to find optimism to hold on to, like the comments he's seeing people post online.

"They say that it'll for sure come back, it's just a matter of time," Alfaro said hopefully.

But, he adds quietly, "the wait, again, it's stressful."

a man sitting on a table: Samuel Alfaro, pauses between responses during an interview at his home in Houston, Texas, Friday, July 23, 2021. John L. Mone/AP Photo © John L. Mone/AP Photo Samuel Alfaro, pauses between responses during an interview at his home in Houston, Texas, Friday, July 23, 2021. John L. Mone/AP Photo

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Dreamers on verge of getting DACA are left hanging after latest court ruling .
About 50,000 DACA applicants were left hanging after a Texas federal judge ruled to end the program. Many are now fighting for permanent immigration protections.Seven months into her application process, Martinez was looking forward to joining the federal program that has allowed over 600,000 teens and young adults who lack legal status after having been brought to the U.S. as children — also referred to as Dreamers — to study and work without fear of deportation.

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