The fate of Daca (Deferred Action for Childhood Arrivals program), created almost ten years ago during the administration of President Barack Obama in the United States and which prevents the deportation of so-called dreamers or dreamers, was left in limbo again after an appeals court hearing in New Orleans, where the case is being argued.
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The court, currently made up of three judges who are part of the Fifth Circuit of the Court of Appeals, is studying a lawsuit filed by Texas and eight other states that seek to repeal Daca claiming that its implementation has cost them hundreds of millions of dollars in health subsidies and other expenses.
Likewise, that the Department of Internal Security (DAS, for its acronym in English) made procedural errors when designing a policy that has benefited some 600,000 people who arrived in the country illegally when they were still minors.
Last year, a judge in Texas had already declared Daca illegal and ordered the DAS not to grant new permits. He authorized him, yes, to renew the work licenses that had previously been granted to those 600,000 people while the case progressed through the court system.
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In its presentation, the Department of Justice, which is accompanying the state of New Jersey and companies such as Amazon, Apple and Google in the lawsuit, argued that Dreamers are already an integral part of society and that returning them to countries they have never known would cause them irreparable damage.
Also, that Texas and the other states have not been able to demonstrate with real figures that the policy has caused them economic damage.
On the contrary, the Justice Department insisted, dreamers not only pay taxes, but contribute to the economy with their work and initiatives businesses they have built over the last decade.
But the panel of judges was highly skeptical of the arguments, raising questions about whether the administration had the power to modify immigration policy without authorization from Congress. Likewise, he was receptive to the idea of the pecuniary damage that Daca would be causing.
In 2012, Obama signed an executive order in which he asked the federal authorities not to focus on the persecution of this type of immigrant and to dedicate their limited resources to the persecution of true criminals. Likewise, he established a process under which Dreamers could apply for renewable work permits every three years.
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Two years later, in 2014, he presented another order to shelter parents and older siblings of the dreamers with the idea that the US should not promote the separation of families.
But when he became president in 2016, Donald Trump signed his own executive order nullifying the program. According to the Republican president, who won the White House with an anti-immigrant speech, Obama had given himself powers that belonged to Congress.
Despite some efforts, Democrats and Republicans were never able to reach an agreement on a law that would protect Dreamers.
Trump’s executive order, however, was sued and reached the Supreme Court of Justice. In a divided vote (five vs. four), the highest court overturned the measure alleging that it had procedural defects by not taking into account the impact that such a decision would have on the lives of thousands of people.
After that ruling, Texas joined with other states to attack the program, but from a different legal perspective, which is what the appeals court is now studying.
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Dhaka, in the current context, is on its way to the grave
And although the court has not ruled and it is speculated that it will take at least another two weeks to do so, the expectation is that the decision of the Texas judge will remain in force.
If that happens, the next step will be before the plenary session of the Fifth Circuit of the Court of Appealswhich is made up of 17 members, among whom are the three who are currently handling the case.
But the prospects for Daca at this stage are not the best either, since it is one of the most conservative courts in the entire country.
The last instance would be the Supreme Court, which is also controlled by conservative-oriented judges (six vs. three) and among whom there are three appointed by former President Trump.
In other words, Dhaka, in the current context, is on its way to the grave. Something that the same lawyers from the Department of Justice indirectly admitted when asking the appeals court that the appropriate remedy, in case of ruling against, was to return the program to the DAS so that it can be adjusted to the law and not annul it definitively.
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Another proof that Daca is coming to an end is the renewed interest in Congress, where several legislators have begun to push again for a law that would grant permanent status to Dreamers.
But, as always, it is an explosive issue with a high political cost that does not usually advance in an election year like this 2022, when the House of Representatives and a third of the Senate will be renewed.
And after these elections – scheduled for November – it could be even more difficult if the Republicans regain control of the legislature.
Many think, therefore, that the dream of the dreamers is about to turn into a nightmare.
SERGIO GOMEZ MASERI
WEATHER CORRESPONDENT
WASHINGTON
On Twitter @sergom68
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