A revised version of a federal policy that prevents the deportation of hundreds of thousands of immigrants brought to the U.S. as children is set to be debated Thursday before a federal judge who previously ruled the program illegal.
The new version of DACA took effect in October and was subject to public comments as part of a formal rule-making process.
The U.S. Justice Department argued in court filings that the states failed to show any direct injury because of DACA and that Congress has given the Department of Homeland Security the “authority and duty to set immigration enforcement policies.” Hanen has left the Obama-era program intact for those already benefiting from it. But he ruled there can be no new applicants while appeals are pending.
Hanen is not expected to immediately rule after Thursday’s court hearing. But whatever decision he makes is expected to end up before the U.S. Supreme Court for a third time.
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