A federal executive department responsible for administering justice will try to overturn a court judgment that one U.S. immigration policy is against the law on Sept. 10.
The Department of Justice (DOJ) will challenge a July ruling from the U.S. District Court for Texas’s Southern District that declares the Deferred Action for Childhood Arrivals (DACA) program is unlawful.
DOJ officials will argue at the Fifth Circuit Court of Appeals the DACA program must be restored to help migrants work and pay taxes. Hanen’s decision allegedly prevented some DACA recipients, many of whom are students, from pursuing qualifications.
“This decision nonetheless relegates hundreds of thousands of young immigrants to an uncertain future,” the Biden administration said in a statement obtained by ABC News.
The program was established in 2012 during the Obama administration. It temporarily spares undocumented immigrants from being deported for two years. It also provides work permits to minors and adults who can renew them every second year.
However, U.S. District Court Judge Andrew Hanen (R) maintains the Obama administration improperly followed legal procedure when establishing the DACA program.
This means the program is unlawful and the Biden administration must stop granting new DACA applications. The decision does not affect current DACA recipients.
“It makes me angry to think about the number of DACA recipients who are contributing to society but it seems to be irrelevant to people who are anti-DACA,” Mexican migrant Cinthya Zapata said according to the Texas Tribune. “It is like at what point is this going to stop?”
ABC News revealed the Department of Homeland Security still accepted new DACA applications despite the ruling. No new applicants have been approved.
The Mexican American Legal Defense and Educational Fund has joined DOJ’s appeal. The nonprofit Latino legal civil rights organization is acting on behalf of 22 DACA recipients.
“There are strong legal grounds for a successful appeal because Judge Hanen failed to account for recent changes in the law governing several critical elements of the case,” president and general counsel Thomas Saenz said in a statement.