The Biden administration is asking a Texas court not to end DACA outright

Published: Tuesday, May 2, 2023 - 9:23am

The Biden administration is asking a federal judge in Texas not to end the DACA program outright. It’s the latest in a yearslong legal battle over the Obama-era program that has given more than 800,000 undocumented immigrants brought to the U.S. as kids protection from deportation and a work permit.

This case began five years ago this week. That’s when a coalition of states led by Texas sued to end DACA. They argue their states have added public health and education costs because of the program.

In 2022, a federal appeals court ruled DACA was unlawfully created under former President Obama, but sent the case back to the lower court where it started, in Texas, to evaluate the Biden administration’s version.

Now the administration is asking the Texas judge not to end the program outright if he rules the new version is also unlawful. Department of Justice lawyers argue the states have failed to prove any financial harm suffered due to DACA. They also say the court’s ruling shouldn't examine the program in parts, giving the federal government time to make fixes.

The GOP led states suing to end DACA have already asked the court to end it completely within two years, if it's found to be unlawful. U.S. District Court Judge Andrew Hanen is expected to make a ruling soon.

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