DACA Program's Fate Again Before Texas Judge Who Ruled It Illegal
But a timetable for how quickly those arguments need to be made and when Hanen would issue a final ruling will remain unclear until Friday's hearing, Perales said. The new regulation is set to take effect Oct. 31.
Hanen last year declared DACA illegal after Texas and eight other Republican-leaning states filed a lawsuit claiming they are harmed financially, incurring hundreds of millions of dollars in health care, education and other costs, when immigrants are allowed to remain in the country illegally. They also argued that the White House overstepped its authority by granting immigration benefits that are for Congress to decide.
Hanen found DACA had not been subjected to public notice and comment periods required under the federal Administrative Procedures Act. But he left the Obama-era program intact for those already benefiting from it, pending the appeal. There were 611,270 people enrolled in DACA at the end of March. The new rule’s 453 pages are largely technical and represent little substantive change from the 2012 memo that created DACA, but it was subject to public comments as part of a formal rule-making process.
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