The DACA program is considered illegal in a ruling that applies only to Texas
A federal appeals court ruled against of the immigration program Deferred Action for Childhood Arrivals (DACA)which has protected hundreds of thousands of undocumented people from deportation known as Dreamers and suspended its application only in Texas.
“Because Texas is the only plaintiff that has shown or even attempted to show actual harm, and because that harm is fully reparable by a geographically limited injunction, we limit the scope of the injunction to Texas,” says the errorcited by The New York Times.
It was determined that the state of texas had legal standing to challenge the rules, despite recent U.S. Supreme Court decisions that advocates said undermined that argument.
But the appeals court allowed a suspension protecting DACA recipients remained in effect enrolled prior to a July 2021 district court order.
The appeals court declared on Friday that the immigration policy of Deferred Action for Childhood Arrivals (DACA) is illegal, creating uncertainty for more than half a million unauthorized immigrants who were brought to the United States as children, just three days before the president-elect’s inauguration donald trump.
He failed confirms the ruling of a lower court that found that the Biden administration’s efforts to codify the Deferred Action for Childhood Arrivals (DACA) program violated immigration law.
Federal courts too have deemed the Obama administration’s 2012 memo illegal who originally created the policy.
A complex ruling that decides to separate work permits and deportations
Friday’s ruling also created another complex dynamic in the case. The suspension of DACA only applies in Texas, but other Dreamers are protected while the case unfolds.
And the court also determined that work authorizations could be legally separated from protection against deportations that DACA provides, so he referred that issue to the lower court.
Ruling limited to Texas for now
DACA has allowed hundreds of thousands of immigrants who entered the United States illegally or overstayed their visas when they were minors live and work in the country without fear of being deported.
They are known colloquially as “Dreamers”a name that comes from the Dream Lawa bipartisan effort to legalize them that Congress has considered, but failed to pass, for more than two decades.
While the Court of Appeals upheld the lower court’s order striking down the Biden administration’s regulation, The panel limited the impact of the ruling by making it applicable only in Texas.the state leading the Republican-led lawsuit against DACA.
The panel paused its ruling regarding current DACA recipients, awaiting another court ruling from the Fifth Circuit or the Supreme Courtallowing DACA renewals to continue or suspending them.
The panel also ruled that The deportation protections offered by DACA could be legally separated from the work permits recipients receive.
Friday’s ruling could pave the way for the U.S. Supreme Court finally resolve the years-long legal battle over DACA.
In 2020, the Supreme Court blocked the termination of DACA for technical reasons.
But It is unknown how the incoming Trump administration will handle the case. and if you will try to finish the program.
Reactions from defenders of the dreamers
Gaby Pacheco, president and CEO of TheDream.US, said of the ruling on the Deferred Action for Childhood Arrivals (DACA) program.
“While we join legal experts and others in reviewing the fine print and specific implications of today’s ruling, the first paragraph of today’s decision points out one of the key points of emphasis: today’s ruling is only ‘the latest chapter in the long-running litigation’ challenging DACA.”
“After the latest legal ruling, it is time we finally offer a solution for Dreamers, with and without DACA, Pacheco said..
Pacheco cited what was said by Donald Trump on “Meet the Press” in December 2024when the president-elect said: “We have to do something with the Dreamers, because they are people who came here at a very young age, and many of them are middle-aged people now, who don’t even speak the language of their country. I will work with Democrats on a plan. “They were brought to this country many years ago.”
Senate Democratic Leader Chuck Schumer said in a statement: “This latest ruling is completely out of step with American values, voters and the rule of law. Almost five years ago, the highest court in the country ruled in favor of Dreamers, people who have been in this country since childhood and who seek nothing more than to fulfill their own American dream in the only country they have called home. .
“President-elect Donald Trump has said he wants to do ‘something about the Dreamers’ and that he will work with Democrats on a plan, something I will accept while he is in office. “Senate Democrats remain committed to working in a bipartisan manner on a long-term, meaningful path to protect Dreamers,” Schumer said.
Keep reading:
· Judge blocks ‘Dreamers’ from having medical coverage after Republican lawsuit
· Future of DACA is uncertain after arguments in the Court of Appeals
· Judges analyze the future of DACA in Texas court