Left vows to fight ‘deeply disappointing’ ruling
Biden plans appeal on DACA; activists call for legislation
WASHINGTON — President Joe Biden said Saturday that the Justice Department intends to appeal a federal judge’s ruling deeming illegal an Obama-era program that has protected hundreds of thousands of young immigrants from deportation and he renewed his calls for Congress to create a permanent solution.
He said in a statement that Friday’s decision was “deeply disappointing,” and although the judge’s order did not affect those already covered by the Deferred Action for Childhood Arrivals program, it ”relegates hundreds of thousands of young immigrants to an uncertain future.”
The program has allowed thousands of young people who were brought illegally into the United States as children, or overstayed visas, to live, work and remain in the country.
Many of the recipients, commonly known as “Dreamers,” have now been in the U.S. for a decade or longer.
But Texas and eight other states sued to halt DACA, arguing that President Barack Obama lacked the power to create the program because it circumvented Congress.
The Mexican American Legal Defense and Educational Fund and the New Jersey Attorney General’s Office, which defended the program on behalf of some DACA recipients, argued Obama did have the authority and that the states lacked the standing to sue because they had not suffered any harm due to the program.
U.S. District Judge Andrew Hanen in Houston disagreed, and while his ruling left the program intact for existing recipients, it barred the government from approving any new applications.
In Friday’s ruling, Hanen wrote that the states proved “the hardship that the continued operation of DACA has inflicted on them.”
He continued: “Furthermore, the government has no legitimate interest in the continuation of an illegally implemented program.”
Suing alongside Texas were Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina and West Virginia — states that all had Republican governors or state attorneys general.
In his statement, Biden urged Congress to move forward with legislation to permanently protect those covered by the program. “Only Congress can ensure a permanent solution by granting a path to citizenship for Dreamers that will provide the certainty and stability that these young people need and deserve,” the president said.
“I have repeatedly called on Congress to pass the American Dream and Promise Act, and I now renew that call with the greatest urgency,” he said. “It is my fervent hope that through reconciliation or other means, Congress will finally provide security to all Dreamers, who have lived too long in fear.”
The House approved legislation in March creating a pathway toward citizenship for those impacted, but the measure has stalled in the Senate. Immigration advocates hope to include a provision in sweeping budget legislation Democrats want to pass this year, but it’s unclear whether that language will survive.
Supporters of DACA, including those who argued before Hanen to save it,
have said a law passed by Congress is necessary to provide permanent relief. Hanen has said Congress must act if the U.S. wants to provide the protections in DACA to recipients commonly known as “Dreamers,” based on never-passed proposals in Congress called the DREAM Act.
As such, immigrants and advocates are urging Democrats and Biden to quickly act on legislation to protect young immigrants after Friday’s ruling.
Calling the ruling a “blaring siren” for Democrats, United We Dream Executive Director Greisa Martinez Rosas said they would
be solely to blame if legislative reform doesn’t happen.
“Until the president and Democrats in Congress deliver on citizenship, the lives of millions will remain on the line,” Martinez Rosas said.
While DACA is often described as a program for young immigrants, many recipients have lived in the U.S. for a decade or longer after being brought into the country without permission or overstaying visas.
The liberal Center for American Progress says roughly 254,000 children have at least one parent relying on DACA. Some recipients are grandparents.
Todd Schulte, president of
FWD.us, a progressive organization, expressed disappointment at Friday’s ruling, saying in a statement that DACA has been a big success that has transformed many lives.
“Today makes absolutely clear: only a permanent legislative solution passed by Congress will eliminate the fear and uncertainty that DACA recipients have been forced to live with for years. We call on each and every elected office to do everything within their power so that DACA recipients and their families and communities can live free from fear, and continue to build their lives here,” Schulte said.