July 6 is a key date to learn about the future of Deferred Action for Childhood Arrivals (DACA).
On July 6, a hearing will be held in the 5th Circuit Court of Appeals, in which the immediate future of DACA could be defined, after almost a year of its suspension by a Texas federal judge. The DACA suspension has blocked new DACA applications from eligible undocumented youth for nearly 12 months.
A total of nine states, led by Texas, have sued the DACA program, after considering that its implementation was illegal since its establishment in 2012 by then-President Barack Obama.
As it was an executive order implemented by the president, the Texas state lawsuit against the DACA program proceeded and Judge Andrew Hanen decided to suspend the program for two main reasons. First, because of the lack of a public comment period, a process that most government programs have to go through in the Federal Register and then add the comments to the final order.
Second, the judge considered that DACA had not been carried out under the necessary legal conditions, despite the fact that President Obama did have the capacity to carry it out under the Constitution.
In this way, the government and other organizations in favor of Dreamers and undocumented immigrants seek to defend DACA and its legality. Furthermore, one of his main arguments is that many states, even those that are not part of this appeal, have benefited from DACA by having more workers.
On July 6, it could be defined whether or not DACA reaches the Supreme Court, a situation that worries Dreamers organizations, since most judges have made decisions against immigrants and consider that it could be the end of this Program.
However, there are still resources that can benefit Dreamers and enhance the benefits that DACA currently offers. The House of Representatives has passed bills like Dream and Promise and the DREAM Act, which promise to be permanent solutions and provide a path to citizenship not only for Dreamers but also for people with temporary protected status, agricultural workers, among others.
