Going to put some thoughts on the Texas v. U.S. hearing here. Nina Perales @MALDEF and the state of NJ, both representing #DACA recipients have already given brief remarks.
The Biden DOJ is speaking now and is discussing the Friday announcement that DHS would begin a rulemaking on #DACA and saying at minimum it will make substantive changes to the program.
First question from the Judge to DOJ: when is that rule making going to happen, anticipating that Texas will say "judge we have been waiting years for a decision."
Texas is up now. TX saying DREAM is not going to pass the Senate bc doesn't think it can get 60 votes. On the notice of future rulemaking, TX is says this is 4-6 months or more away and does not justify delay. TX says the Congressional bill even if passed doesn't moot their suit.
TX is arguing that DREAM, if passed, will address "different people, different benefits." FWIW, I'm not buying this. Yes, DREAM should include more folks than currently covered by DACA, but this really isn't relevant to the case before J. Hanen.
J. Hanen: let's assume I'm not going to wait, bc I think we are up to 30 bills that have been introduced & not passed so waiting for that might be like waiting for Godot. But what's the remedy if the bill passes? TX answers vacatur of the underlying agency memo is the remedy.
TX argues that perhaps the 2012 memo being out of place will provide sufficient clarity for Congress to act. Judge: I assume your position is I should go ahead and rule? TX: Yes. Judge: as you know I'm working on ruling, if you could convince me otherwise how long should I wait?
Nina Perales for the win: Texas waited 6 years to file it's suit. Judge: laughs, so I should wait 6 years: Nina: Yes. Judge: that would make my law clerks happy. Nina: I'm hear to serve. 😀
Judge gives everyone a week from Friday to file anything further, April 9th. COVID court humor: Judge says to one of the attorneys: I see you grabbed your mask, that's the COVID equivalent of raising your hand.
That's it for the status conference in the #DACA case. Recap: Judge has given all sides until April 9 to file any additional papers. Big Q was whether the court should wait before ruling on TX's challenge to end DACA due to Congressional movement or the future rulemaking on DACA.
To me, the most important takeaway from this hearing is that #DACA recipients deserve more. They deserve certainty & permanent protections not the constant roller coaster of lawsuits. All eyes on the Senate to get to work & pass #DREAM. It's up to us to be clear that #HomeIsHere
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