The State Argues That Because A Judge Has Already Ruled Against DAPA, He Should Invalidate DACA, Too

A district court in Houston is hearing arguments for and against the repeal of the Deferred Action for Childhood Arrivals program.

By Jill AmentAugust 9, 2018 7:35 am| , , , ,

DACA, the Obama-era program allowing immigrants who were brought to the U.S. Illegally as children to remain here, is currently in federal court in Houston. Texas and nine other states sued the federal government to end DACA. Arguments in the case began this week.

Elizabeth Trovall from partner station Houston Public Media, has been following this case. She says the State of Texas argued that DACA’s creation by President Barack Obama was illegal. The state says DACA has caused “irreparable harm to Texas.” On the opposing side, MALDEF, the Mexican-American Legal Defense Fund, argued that DACA’s 120,000 recipients benefit the state, and that the program is legal.

Trovall says the state is also arguing that because District Judge Andrew Hanen has already ruled against the Deferred Action for Parents of Childhood Arrivals program, or DAPA, he should find for the state, and invalidate DACA.

Trovall says DACA remains in place until legal challenges have been exhausted, thanks to several rulings by other courts that the program is legal. She says DACA recipients are in limbo, unsure whether to file for continued protection under the program.

“Of course, DACA was a program that was really meant to be temporary,” Trovall says. “A real fix should come from Congress, but they still haven’t passed legislation that would protect this group of people.”

Written by Shelly Brisbin.