The 5th U.S. Circuit Court’s three-judge panel ruled that the Obama-era Deferred Action for Childhood Arrivals (DACA) Program was implemented illegally because the Obama Administration did not have the authority to institute the program.
The ruling does not dismantle the program and it does not take away the benefits that current DACA protections provide. It does, however, mean that no new DACA applications will be accepted.
The 5th Circuit Court in Louisiana upheld a previous ruling Texas-based U.S. District Judge Andrew Hanen last year, and it means that the case will be sent back to Hansen to look at a new version of DACA presented by the Biden Administration in late August.
A federal appeals court panel ruled that a program that protects young immigrants from deportation is illegal but allowed those already enrolled to renew their status — in essence keeping the status of the program unchanged but its future uncertain. https://t.co/MbJze9DoU7
— The New York Times (@nytimes) October 6, 2022
According to ABC News, “Nine largely Republican-led states had challenged the program, arguing its protections for migrants who entered the country illegally created an untenable drain on state resources and that the president had acted beyond his authority in issuing such a sweeping program without lawmakers’ approval,” the 5th Circuit court agreed.
President Biden was not happy with the court’s decision stating, “I am disappointed in today’s Fifth Circuit decision holding that DACA is unlawful. The court’s stay provides a temporary reprieve for DACA recipients, but one thing remains clear: the lives of Dreamers remain in limbo. Today’s decision is the result of continued efforts by Republican state officials to strip DACA recipients of the protections and work authorization that many have now held for over a decade.”
Most experts believe that the case will eventually end up in the Supreme Court where the justices will have to decide on the legality of the program, something they have failed to do on two other occasions.
The DACA program is meant to protect children who were brought to the United States, as minors, illegally and should otherwise be deported. Currently DACA provides a work permit and protection from deportation and has to be renewed every two years. The Biden Administration wants the program to be permanent and include a pathway to citizenship.
While defending an extreme agenda of allowing illegal immigrants to be granted citizenship, President Biden said, “This challenge to DACA is just another example of the extreme agenda being pushed by MAGA-Republican officials.”