Daca recipients in Texas await judge’s ruling that could upend their lives | US immigration

A federal judge may soon decide whether tens of thousands of so-called “Dreamers” in Texas may lose their ability to work legally in the United States under the Deferred Action for Childhood Arrivals (Daca) immigration program; This leads to fear of upheaval and heartbreak.

As part of a years-long legal battle over Daca, US district court judge Andrew Hanen is set to rule on rival proposals for the future of the Obama-era program. One of these offers is sent A change by the Trump administration would specifically deny Daca recipients in Texas the work permits the policy typically offers.

Founded in 2012, Daca currently provides deportation protection and work authorization to more than 500,000 immigrants who entered the U.S. without permission as children or overstayed their visas. To qualify, they all had to have arrived before 2007, attended an American high school or enlisted in the military, and passed background checks.

The average age of Daca enrollees is now 31. Texas is home to the second largest Daca population in the country after California, with 86,000 recipients living there.

But with Congress unwilling to enact legislation that would integrate protections into law, what has remained a lifeline for a generation of young adults, many of whom are now raising families and building professional careers, remains in legal jeopardy, especially in Texas.

If Hanen approves the federal government’s plan, Daca recipients in Texas would lose their income, career opportunities and financial support, pushing them into the shadows or out of state. And those moving to Texas from other states may also find their Daca work permits revoked.

“It would be very sad to have to give up my family’s dream, my dream, everything I worked for,” said Laura Alguera, who was born in Mexico City in 1990 and came to the United States at the age of four.

“Thanks to Daca, I am a licensed beautician and was able to open my own salon. How do I explain this to the clients I have established relationships with? It would feel like I was running away if I had to go to another state.”

The Daca program has survived years of uncertainty. During Donald Trump’s first term, his administration tried to end Daca by declaring it an illegal program. But that effort was ultimately blocked by the US supreme court, which halted the termination on technical grounds in 2020.

But it is now under threat from a lawsuit filed by Republican-led states, led by Texas, claiming the policy is an excessive use of executive authority.

Hanen, a federal judge in Texas, and the fifth circuit appeals court found Daca was illegal, siding with GOP-controlled states in recent years. Courts have so far allowed the program to continue for existing beneficiaries and closed it to new applicants only.

In its final ruling in January, the fifth panel agreed with Hanen that Daca was illegal but narrowed the effect of the order to Texas, saying the state had proven it was harmed by the policy because of the cost of providing services to Dreamers.

To comply with the circuit’s order, the Trump administration submitted a proposal stating that U.S. Citizenship and Immigration Services (USCIS) is developing plans to reopen Daca to new applicants in all states except Texas.

Daca has been closed to new applications since 2021 due to lawsuits, but those registered continued to renew their two-year work permits.

The administration’s proposal also calls for revoking Daca work permits in Texas, where people taking advantage of the program would only be eligible for deportation deferrals.

The federal government and lawyers defending Daca had the opportunity to submit their responses to the proposal by the end of October.

Hanen is currently reviewing proposals submitted by the parties, including a request from nine Republican-led states to completely shut down Daca within a certain period of time. Hanen’s final decision is expected to be announced soon.

Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund, which is representing Daca recipients in the federal case, said in an interview with the Guardian that the potential termination of work permits for those in Texas, far from saving the state money, would hurt the state’s economy.

“Texas will suffer because all the highly skilled Daca holders will choose to move elsewhere,” Saenz said. “But these are the consequences of Texas deciding to challenge Daca while actually benefiting from it.”

Accordingly a report More than 221,000 Texans are eligible for Daca, and 97% of them are working, according to the American Immigration Council. Approximately 19,000 people identify as entrepreneurs.

Alguera, a 32-year-old mother, owns a beauty salon in Houston, where she lives. He and all Daca recipients in Texas pay more than $830 million in state and local taxes each year, according to the American Immigration Council.

“How many years have we been following the rules, paying our taxes and still being in this limbo? Every couple of years it feels like someone is playing with our emotions,” he said.

Nationally, Daca beneficiaries as employers and employees contribute approximately $2.1 billion each year to Social Security and Medicare programs that benefit all Americans. a recent survey.

Since the turn of the century, lawmakers have introduced at least 20 versions of the “Dream Act” that would guide Dreamers to U.S. citizenship. Despite receiving bipartisan support, all of the proposals died in Congress.

In 2001, under Republican administration, Texas became the first state to grant undocumented immigrants access to in-state tuition spots at public colleges and universities through the Texas Dream Act.

Half the states in the country followed suit. But the Texas law on which these measures were modeled is no longer in effect.

In June, the Trump administration sued Texas over the Texas Dream Act, and rather than defending the law, state officials joined the justice department in asking a federal judge to strike down the law. The federal judge agreed.

The Texas department of public safety recently suspended the issuance of commercial driver’s licenses to non-citizens, including Daca holders. The agency later mandated English proficiency requirements for commercial drivers.

“Every commercial driver’s license operator on Texas highways must be able to communicate clearly in English to ensure compliance with traffic laws, follow safety instructions and prevent accidents,” said state governor Greg Abbott.

Immigration rights groups are urging Daca beneficiaries to wait for Hanen’s decision on the program’s future before taking any action.

It is stated that approximately 1.1 million people may be eligible to benefit from this policy, beyond the more than half a million people currently registered with Daca across America. Migration Policy InstituteIncluding an estimated 221,000 Texans.

Since Trump returned to the White House, his administration has aggressively expanded immigration raids across the country and given deportation officers broad authority to target people in the country without proper documentation.

Among those affected by the crackdown were some people who benefited from Daca despite being protected from deportation.