UNITED STATES: A federal appeals court ruled on Wednesday that a program that has shielded hundreds of thousands of young immigrants from deportation is illegal.
A lower court decision to reject the Deferred Action for Childhood Arrivals (DACA) program was upheld by a panel of three judges from the conservative-leaning 5th U.S. Circuit Court of Appeals, but the case was remanded in light of an August rule change. The new regulation tries to fortify the scheme against judicial challenges.
Democratic U.S. President Joe Biden made a conflicted decision, stating that he wanted DACA recipients, also referred to as “Dreamers,” to have a permanent road to citizenship.
DACA was established in 2012 by Democratic former President Barack Obama, whom Joe Biden served as vice president under.
This was in response to the U.S. Congress’s failure to pass legislation granting citizenship to immigrants who were brought to the nation as minors.
In 2018, Texas and a group of states with Republican attorneys general filed a lawsuit to repeal DACA, claiming it had been implemented unlawfully. U.S. District Court Judge Andrew Hanen in Texas sided with the states in July 2021.
Hanen’s ruling prohibited the processing of new DACA applications, but it permitted current DACA holders to keep receiving benefits and submit renewal applications.
The ruling was appealed by the Biden administration, who then forwarded the matter to the 5th Circuit.
DACA recipients can apply for work permits, Social Security numbers, drivers licenses, and financial aid for their schooling in some states. Insecurity and legal squabbling have plagued DACA recipients for years.
Former Republican President Donald Trump, Biden’s predecessor, attempted to halt the program but was thwarted by the Supreme Court.
The Department of Justice “respectfully disagrees with the decision and will continue to vehemently defend the lawfulness of DACA as this case proceeds,” a representative said.
A legislative resolution before the November 8 midterm elections is improbable since Republicans and Democrats haven’t found any common ground on immigration in recent years, despite Biden’s campaign promise to work toward a long-term solution for the “Dreamers.”
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