Some Friday afternoon #DACA news. @TheJusticeDept just filed a notice before J. Hanen in the case brought by Texas challenging the legality of the DACA program. In that notice, DOJ says DHS intends to issue a Notice of Proposed Rulemaking proposing a new regulation on DACA /1
A status conference is set for March 30 @11 am CT in Houston where the parties will discuss what happens next. Just as a recap, the parties here are: Texas & other states trying to end the DACA program; @MALDEF & @NewJerseyOAG who have intervened to defend DACA & DOJ. /2
In a very welcome change, this will be the first time since this version of the case that DOJ will be defending #DACA. It's an important hearing to see what may come next in court. But we know that what needs to happen is for the Senate to pass #DREAM for a permanent solution. /3
If you are wondering what it means that there will be a notice of proposed rulemaking on a new DACA reg... It means there will be some changes proposed to DACA & a period for public comments to weigh in on that. Get your pens ready to talk about how vital DACA is. #HomeIsHere 4/4
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So, lots of immigration policy news tonight, and unlike the bad days of the Trump administration, these announcements are worthy of a nuanced look. Here’s my two cents
🪙🪙 1/9:
First, it’s clear that the Biden team has smart, thoughtful people with deep expertise working on immigration policy. They understand that #immigration is not just a @DHSgov thing, and they’re willing to look at all facets of the issue in every agency 2/9.
Second, though folks like to say that Trump built an invisible wall, it was really more of an obstacle course. The goal, of course, was to make it impossible for anyone to come & stay here. Read Sarah Stillman’s excellent @newyorker piece for more 3/9: newyorker.com/magazine/2021/…
Here are my take aways from the the govt brief filed in the Batalla #DACA case now. As a recap, the Court ruled on Nov. 14 that the Wolf memo gutting DACA valid was issued without legal authority. The question in these briefs is what the court should require the govt to do. /1
THIS JUMPED OUT AT ME. 65,800 is the number of 1-year DACA grants and work permits issued since the unlawful Wolf memo. That's 65,800 people who got 1-year grants unlawfully and now should get 2-year grants /2
Also, the federal government agrees that the court should now set aside the Wolf memo & that relief should run nationwide to the class certified of all DACA recipients & DACA eligible individuals. AND, the federal govt agrees this means DACA should return to its 2012 version. /3
Sharing some highlights from today's decision in our Batalla case on this thread. 1) Court holds that @DHS_Wolf was not lawfully appointed as Secretary of DHS 2) That means the gutting of the DACA program by Wolf is invalid. 3) The court certified a nationwide class 1/
@DHS_Wolf What does this mean for current #DACA recipients and those eligible to apply?
--The memo making DACA renewals only 1 years instead of 2 years is invalid
--The memo saying that new applicants cannot apply for DACA is invalid
--Advance parole should be restored to 2012 terms
2/
It means that the court's order is NOT limited only to the named plaintiffs. Instead, the order applies to all people who are or will be eligible for DACA based on the terms of the program from 2012 (from the Obama Admin).
3/
BREAKING: federal court in CA upholds all of CA's VALUES Act (SB 54) in stinging rebuke to Attorney General Sessions's attempt to scare states from passing policies to protect their communities' values. Opinion here: caed.uscourts.gov/caednew/assets…#CommunityTrust
@NDLON's legal director's @newman_chris on the USvCA decision: "the implementation and legal vindication of SB 54 has recently taken on a new meaning, serving as a political & policy blueprint—as a starting point for those seeking to remove ICE from their communities." /2
The court also rejected Sessions' challenge to CA's Dignity, Not Detention bill finding the requirement for the CA AG to review & report on the facilities the fed govt uses in CA to jail immigrants lawful. This provision = > important than ever given Trump's cruel policies. /3