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Texas Judge Says DACA Must Resume For Now

At the end of August, a federal judge in Texas choose not to issue a preliminary injunction that would terminate DACA; however, he said the Obama-era program--that protects nearly 700,000 undocumented immigrants from deportation and allows them to work legally--will end in the future.

Federal District Judge Andrew Hanen found that Texas and a coalition of other states failed to bring their case in a timely manner, waiting five years after the program began. He also ruled that ending the program would result in more harm to the best interests of the public compared to damages suffered by the states, despite that the fact that they could prove it.

The order was considered a surprise since Hanen had blocked DAPA (Deferred Action for Parents of Americans)--another Obama-era program offering similar protections and permits to undocumented immigrant parents of U.S. citizens and legal residents--back in 2015. In regard to this current case, the circumstances are quite different, comparing the entire ordeal to a scrambled egg that needs to be placed back in its shell.

He decided the temporary injunction is not enough to successfully end DACA. Hanen says Congress ultimately has the decision to determine whether or not the program remains.

Since Trump opted to put an end to DACA last September, three federal judges in California, New York, and Washington D.C. have blocked his attempt, ruling current recipients can renew their status until related cases are resolved but not accept new applicants.

Contact our San Jose immigration attorney at Verma Law Firm to learn more about DACA today.