In a recent decision that has sparked controversy and debate, the Fifth Circuit Court of Appeals ruled that the Deferred Action for Childhood Arrivals (DACA) program, established by the Obama administration in 2012, is illegal. The decision comes after years of legal challenges to the program, which has provided protection from deportation and work permits to hundreds of thousands of undocumented immigrants who were brought to the United States as children.
The court’s ruling is a blow to the Biden administration, which has sought to uphold and expand DACA since taking office. President Biden has expressed his support for the program and has called for legislation to provide a pathway to citizenship for DACA recipients, known as Dreamers. The Fifth Circuit’s decision puts the future of DACA in even greater uncertainty, as it could potentially lead to the program being shut down entirely.
The court’s decision is based on a legal argument that DACA was implemented without proper authority by the executive branch. The ruling states that the program violates the Administrative Procedure Act, which governs the process by which federal agencies can create and implement regulations. The court found that the Department of Homeland Security did not follow the proper procedures when establishing DACA, and therefore the program is illegal.
Supporters of DACA argue that the program has been a lifeline for Dreamers, allowing them to live and work in the United States without fear of deportation. Many DACA recipients have grown up in the United States and consider it their home, despite being undocumented. The program has provided them with opportunities for education, employment, and a sense of security that they would not have otherwise had.
Opponents of DACA, on the other hand, argue that the program is an overreach of executive authority and should be repealed. They argue that DACA encourages illegal immigration and undermines the rule of law. They also point to the fact that DACA was implemented through executive action, rather than through legislation passed by Congress, as a reason for its illegality.
The future of DACA is now uncertain, as the Fifth Circuit’s ruling could potentially lead to the program being shut down. The Biden administration has vowed to continue fighting for DACA and has indicated that it will appeal the decision to the Supreme Court if necessary. In the meantime, DACA recipients and their supporters are left in limbo, unsure of what the future holds for them and their families.
The legal battle over DACA is far from over, and it remains to be seen how the Supreme Court will ultimately rule on the program. In the meantime, DACA recipients and their supporters continue to advocate for a permanent solution that will provide them with a pathway to citizenship and allow them to fully contribute to the country they call home.