HOUSTON — The fate of thousands of DACA recipients hangs in the balance as a federal judge considers whether the final Biden administration's DACA rule is lawful.
The federal district courtroom in downtown Houston was filled and even more supporters and pro-DACA protesters had gathered outside.
This is the second time Judge Andrew Hanen is deciding on this DACA case.
In 2021, he ruled DACA was unlawful because the Department of Homeland Security memo that created the program did not go through the proper rule-making procedures.
However, the Biden administration has since provided new DACA regulations through proper rule-making channels.
Texas and other states sued again, wanting the DACA program to end and a federal judge to declare it unlawful.
The state of Texas argued that DACA recipients are a burden on public schools and for emergency medical expenses.
The Department of Justice and lawyers for DACA recipients claim the states do not have standing to dictate immigration policy.
“Texas has shown no injury to itself or any other state as a result of DACA. In fact, DACA recipients contribute and create benefits to every state in which they live,” said Mexican American Legal Defense and Education Fund VP of Litigation Nina Perales.
Judge Hanen said he will rule expeditiously, but the timeline is unclear.
“I’m here to show Judge Hanen that we’re all real people, we’re tired — we’re always constantly in survival mode and we just want our basic human rights that we all deserve,” said Jamie Seo, a high school student whose DACA application is on hold.
Both sides expect this case to go all the way to the U.S. Supreme Court.