Judges hear DACA arguments | Arkansas Democrat Gazette

NEW ORLEANS — Immigrants who built lives in the United States after being brought here illegally as children were among over 200 demonstrators who gathered outside a federal courthouse in New Orleans on Thursday. The three appellate judges heard arguments regarding the Biden administration’s policy that shields them from deportation.

At stake in this ongoing legal battle at the 5th U.S. Circuit Court of Appeals is the future of approximately 535,000 individuals who have long-established lives in the U.S., despite lacking citizenship or legal residency status. The outcome of this case is likely to head to the Supreme Court.

“I live here. I work here. I own a home here,” stated María Rocha-Carrillo, 37, who traveled from New York to join the demonstration and was present in the packed courtroom as the hearing commenced. Brought to the U.S. at age 3 by her family from Mexico, she explained that she was unable to obtain a teaching certificate until the Deferred Action for Childhood Arrivals (DACA) program allowed her to establish her career in education.

Opponents of DACA, primarily Texas and eight other Republican-led states, have argued in court that the costs associated with health care, education, and other factors fall on states when immigrants are permitted to remain in the country illegally.

A critical aspect of the arguments presented before the appeals panel pertains to whether Texas, as the lead plaintiff, has demonstrated legal standing to initiate the lawsuit and whether a lower court judge in Texas had the jurisdiction to issue a nationwide ruling.

Supporters of DACA countered that Texas has failed to substantiate the costs it claims are attributable to the policy, thereby lacking legal standing. Judge Stephen Higginson questioned Joseph Mazzara from the Texas attorney general’s office, highlighting that 22 states have expressed benefits from the contributions made by DACA recipients, often referred to as “Dreamers.”

“How could a single judge tell all 22 other states who are so grateful for these people that actually they’ve all got to leave the United States?” Higginson asked. “How does a single judge have that authority?”

On the other hand, Judge Jerry Smith expressed skepticism regarding Texas’s claim of lacking legal standing. “I don’t understand how you get anywhere with that argument,” Smith remarked to Brian Boynton, representing the Biden administration.

An earlier 5th Circuit ruling had determined that Texas did possess legal standing. Boynton commented that the Supreme Court has since set a higher bar for states to prove standing, yet Smith argued that the precedents referenced by Boynton do not contain unequivocal language necessitating the appeals court to retract its previous determination.

It remains uncertain when the panel, which includes Smith, nominated by former President Ronald Reagan; Edith Brown Clement, appointed by former President George W. Bush; and Higginson, nominated by former President Barack Obama, will issue a ruling.

DACA was first implemented by Obama in 2012, citing Congressional inaction on legislation intended to provide opportunities for those brought to the U.S. as minors to obtain legal status and citizenship. This has been followed by years of litigation. President Joe Biden renewed the program in hopes of stabilizing its legal standing.

Last year, U.S. District Judge Andrew Hanen in Houston concluded that the executive branch had exceeded its authority. He prohibited the government from approving new applications but allowed those already granted deferred status to remain intact during the appeals process. Boynton urged the 5th Circuit judges to maintain this policy while appeals are pending if they find against DACA.

Outside the courthouse, Wendy Reynoso, 24, shared her experience of being brought to the U.S. from Guatemala when she was a toddler. With her DACA application currently pending amidst ongoing litigation, she expressed frustration at being unable to find work as a mechanical engineer after graduation.

“It hurts because even though I graduated with such a good degree, I’m not able to use it. So, I’m just stuck,” she reflected.

Defenders of the DACA policy argue that Congress has granted the executive branch’s Department of Homeland Security the authority to shape immigration policy. The states that have aligned with Texas in challenging DACA include Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.