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Texas DACA recipients on edge awaiting work authorization ruling

In Texas, tens of thousands of immigrants are shielded from deportation thanks to the Deferred Action for Childhood Arrivals program, better known DACA. The Obama-era policy was created in 2012 to protect immigrants from deportation who were brought into the U.S. without documentation as children. It also gives these immigrants work authorization.

But an ongoing legal case threatens to strip work authorization from DACA recipients in the Lone Star State, leaving them on edge and in a state of limbo.

Ongoing case

In 2018, Texas joined several states in a lawsuit against the federal government attempting to end DACA, claiming the program is unlawful and costs the state money by providing recipients with public services. 

Last year, the U.S. Fifth Circuit Court of Appeals ruled that while the federal government can protect DACA recipients from deportation, it's illegal to grant them work permits. The court's ruling only applied to Texas, as it said Texas was the only state that proved DACA had caused it financial harm.

Now, the case is before Houston-based U.S. District Judge Andrew Hanen, who will review the 5h Circuit Court's guidelines. So far, no deadline has been set as to when Hanen could offer a final ruling.

"We have 89,000 DACA recipients who contribute $6 billion in spending power and pay $1.3 billion in taxes," said Juan Carlos Cerda, Texas director at the American Business Immigration Coalition. "Most of them would probably have to leave the state if they weren't able to renew their work authorization."

'It does take a toll'

Cerda has an interest in the United States' immigration policy both professionally and personally. He was just three-years-old when his parents left Mexico and moved their family to the United States and has lived in Fort Worth since he was a child.

Cerda calls Texas home, but now he's anxiously awaiting Hanen's decision to see how it will impact his family's future in the state.

"I try not to think about it ever single day because it does take a toll on my mental health," Cerda said. 

When we spoke to Cerda, he was in the process of renewing his work authorization, which has since been approved. But the ongoing legal case is still causing him concern. 

"It would be a big loss for me and my wife, and 89,000 other recipients who are teachers, some who are doctors, engineers, to potentially have their work authorization lapse," Cerda said.

He said that at this point, even a delayed renewal concerns him: "Law enforcement in this state potentially could grab us if we happen to fall out of work authorization."Advocates are concerned the case could have an impact beyond Texas state lines, setting a legal precedent for other conservative states.

According to the immigration advocacy group American Immigration Council, if other states follow Texas' lead in stripping DACA recipients of the ability to work, 530,000 people could be forced out of the labor market in two years. 

Cerda acknowledges that while many Americans support border security and immigration reform, he does not believe most people want deportation enforcement efforts to focus on long-time residents who work and pay taxes in the U.S.

"I think this is an opportunity for a conversation with voters and their lawmakers about what to do with us," Cerda said. "We're so important to the economy."

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