The immigration program that protects the ‘dreamers’ faces another challenge in court, after the decision of a judge in Texas, a legal suit that could return to the Supreme Court, but where it will take time for a decision to be made.

Last week, Texas federal judge Andrew Hanen ruled that the new Deferred Action for Childhood Arrivals (DACA) guidelines are illegal and in violation of the Administrative Protections Act.

This decision refers to the codification process carried out by President Joe Biden’s administration in an attempt to prevent the courts from suspending protection for dreamers.

However, Judge Hanen’s determination puts more than 600,000 immigrants, who would also not have access to Employment Authorization (EAD), back on the path to deportation.

This also puts DACA back on a path to the Supreme Court, as the program will be defended by the Biden Administration.

“The case could end up in the Supreme Court,” noted the American Immigration Council.

However, due to court proceedings and the Supreme Court’s timetable, it is possible that a new DACA settlement could occur as late as 2025.

“It is likely that a potential case will not reach the Supreme Court until the 2024 term, which would place a possible decision in May or June 2025,” the Council notes.

Judge Hanen’s decision affects thousands of ‘dreamers,’ as it will allow DACA renewal, but does not authorize new applications.

“While the decision will not have an immediate impact on people who currently rely on the program to live and work in the U.S. without the constant threat of deportation, it will continue to sow fear and distrust throughout the country,” considered Jorge Loweree, the Council’s managing director of programs.

The only solution to that uncertainty is for Congress to pass an immigration reform, but given the position of the Republicans in the House of Representatives, it is unfeasible for the current Legislature to move forward on such a bill.

“DACA recipients across the country work in our hospitals, teach our children, run our businesses and contribute to the fabric of our nation in countless ways,” Loweree advocated. “It’s time for Congress to finally deliver.”

Republican-ruled states challenging DACA include Texas, Alabama, Arkansas, Louisiana, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi.

Hispanics call on Biden to be more assertive

A new BSP Research poll finds that 85% of Hispanic or Latino voters in key 2024 states and districts want President Biden to take stronger action on immigration, including protecting dreamers.

The poll was conducted in Arizona, Colorado, Florida, Georgia, Nevada, Pennsylvania, Texas and two swing districts in California and New York, and was at the request of the Immigration Hub.

In addition to calling for the expansion of the Temporary Protected Status (TPS) program to include other countries, 75% of respondents support a path to citizenship for undocumented immigrants.

The poll reveals that 66% support Biden’s administration versus 39% who disapprove.

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