“Policies can be a bit of a moving target during [a] transition,” New Jersey’s state solicitor argues.

A lawyer for states seeking to preserve the Obama-era program for so-called Dreamers asked a federal judge Tuesday to hold off ruling on a legal challenge to the arrangement until President-elect Joe Biden is sworn in next month.

With backers of the Deferred Action for Childhood Arrivals program expecting another adverse decision from U.S. District Court Judge Andrew Hanen, they pleaded with him to wait to see what the Biden administration does before issuing a ruling on a lawsuit Texas and other conservative states brought in 2018 to the original DACA plan issued back in 2012.

“Given … the ongoing federal transition we think this court can expect further changes to that framework soon,” New Jersey State Solicitor Jeremy Feigenbaum said during a three-hour-plus court hearing in Houston. “Policies can be a bit of a moving target during [a] transition.”

Hanen seemed unpersuaded by the suggestion.

“How can they change what happened eight years ago?” asked the judge, a George W. Bush appointee who blocked President Barack Obama’s effort to expand DACA in 2015.


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