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Texas Court To Consider Emergency Halt To DACA

Marisa Demarco / KUNM
Hundreds of people turned out to protest at the University of New Mexico after President Trump announced the end of DACA in September 2017.

Seven red states filed a lawsuit in May arguing that the Deferred Action for Childhood Arrivals policy, or DACA, is unconstitutional because Congress never voted on it. A District Court judge in Texas will hear arguments on Wednesday, Aug. 8, about whether to issue an emergency halt to DACA.

Young people enrolled in DACA contribute billions to the economy, according to a coalition of major companies in Texas. Lawyer Nina Perales said evidence like that is going to make it hard to sell the notion in court that a dreamer is harming the state. She’s the vice-president of litigation for the Mexican American Legal Defense and Education Fund. "Every time she fills her gas tank, every time she pays her insurance, every time she pays her sales taxes, she is representing a benefit to Texas," Perales said.

The judge who will hear the arguments has ruled against immigration protections in the past. But even if he does order an emergency injunction this time around, it would not take immediate effect, according to MALDEF, because of conflicting rulings in other courts around the country. The case is expected to make its way to the Supreme Court.

There are over 7,000 people enrolled in DACA in New Mexico.

Marisa Demarco began a career in radio at KUNM News in late 2013 and covered public health for much of her time at the station. During the pandemic, she is also the executive producer for Your NM Government and No More Normal, shows focused on the varied impacts of COVID-19 and community response, as well as racial and social justice. She joined Source New Mexico as editor-in-chief in 2021.