A federal appeals court struck down a Biden-era policy reviving the Deferred Action for Childhood Arrivals (DACA) program, citing executive overreach. The ruling, which does not immediately change the status quo for existing DACA recipients, blocks new applications and raises the possibility of a third Supreme Court appeal.
A federal appeals court ruled against an Obama-era policy providing amnesty and a pathway to citizenship for illegal immigrants who entered the U.S. as children. A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans unanimously determined that a new version of the policy issued by President Biden in 2022 exceeded the executive branch's authority.
The decision, made by two Republican-appointed judges and one Democratic-appointed judge, is a setback for the Deferred Action for Childhood Arrivals (DACA) program, which has faced numerous legal challenges over the past decade, leaving 500,000 so-called Dreamers in limbo. While the ruling does not immediately change the status quo, program beneficiaries can still renew their temporary permits to live and work in the United States without fear of deportation. However, the federal government remains barred from processing new DACA applications. This decision, however, opens the possibility for DACA to be appealed to the Supreme Court for the third time. It coincides with the impending presidency of Donald Trump, who campaigned on a platform of mass deportations of illegal immigrants, making the timing particularly significant.Trump attempted to terminate DACA during his first term but also made statements indicating his willingness to allow Dreamers to remain in the U.S. Obama established DACA in 2012, citing Congress's inaction on legislation that would provide a path to legal status for those brought to the U.S. as children. Legal battles ensued, including two Supreme Court hearings. Biden's 2022 update to the policy, while largely substantively unchanged, underwent public comment as part of a formal rule-making process aimed at strengthening its legal standing. Ken Paxton, the Texas Attorney General who spearheaded the legal challenge on behalf of Republican-led states, hailed the ruling as a 'major victory.' Paxton stated his intention to collaborate with President-elect Trump to 'ensure that the rule of law is restored, and the illegal immigration crisis is finally stopped.' The Department of Homeland Security did not immediately respond to a Fox News Digital request for comment. In 2016, with a Supreme Court vacancy, justices deadlocked 4-4 on an expanded DACA and a program version for parents of DACA recipients, upholding a lower court decision to block the benefits. In 2020, the Supreme Court ruled 5-4 that the Trump administration improperly ended DACA by failing to adhere to federal procedures, allowing the program to remain in effect
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