On Friday, a Federal Appeals Court ruled that DACA, Deferred Action for Childhood Arrivals, was illegal [again]. CBS claims it affects half a million people, but it has continued for 12 years. That number seems shaky and potentially larger despite only 538 currently enrolled.
A panel of judges before the U.S. Court of Appeals for the 5th Circuit upheld a lower court ruling that found that a Biden administration rule to codify DACA violated U.S. immigration law. The 2012 Obama administration memo that originally created the policy has also been found to be unlawful by federal courts.
Friday’s ruling does not immediately change the status quo. By suspending its order, the panel of judges kept DACA alive for current recipients and closed to new applicants.
For more than 12 years, DACA has allowed hundreds of thousands of immigrants who crossed into the U.S. illegally or overstayed their visas as minors to live and work in the U.S. without fear of deportation.
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Democrats called them “Dreamers” because of the Obama-era Dream Act, which never passed. They were brought here illegally as minors or came on their own. Some youths were gang members.
The Ruling
While it affirmed the lower court order that voided the Biden administration’s DACA regulation, the 5th Circuit panel narrowed the ruling’s impact, making it applicable only in Texas.
The panel also ruled that the deportation deferrals offered by DACA could be legally separated from the work permits that beneficiaries receive, giving the Biden administration a partial victory on its argument that the deportation protections should be left intact if the work authorization provision is struck down.
The Supreme Court already found it illegal but allowed it to continue on technical grounds.
The ruling paves the way for the Court to rule again.
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