Expert: DACA Litigation May Reach Supreme Court, Again...In 2024

Camilo Montoya-Galvez, CBS News, Apr. 28, 2023

"The Biden administration on Thursday asked a federal judge in Texas to stop short of ordering the full termination of the Deferred Action for Childhood Arrivals (DACA) immigration policy if he finds it unlawful, a last-minute attempt to limit a looming ruling that could dictate the fate of nearly 600,000 "Dreamers." The Justice Department's filing late Thursday was part of the last set of filings ordered by U.S. District Judge Andrew Hanen, who is reviewing a request by a coalition of Republican-led states led by Texas to terminate DACA over a two-year period. With all filings submitted, Hanen could issue a decision at any time. ... Stephen Yale-Loehr, a Cornell University professor who specializes in U.S. immigration law, said Thursday's filing was an attempt by the Biden administration to "minimize" the scope of Hanen's ruling. "Based on his past rulings, Judge Hanen is likely to rule that the DACA program is unlawful," he added. Yale-Loehr said Hanen could agree to pause his ruling pending an appeal. The Biden administration, he noted, would likely appeal a ruling against DACA to the 5th Circuit and ultimately the Supreme Court. "The bottom line is that this still has a long way to go before there's a final resolution," Yale-Loehr said. "I think the earliest that we may get a final decision by the Supreme Court would be June of 2024, and even that may be premature."