A federal appellate court decision on Friday affirmed an earlier ruling that the Deferred Action for Childhood Arrivals program is illegal, but also narrowed a nationwide injunction against it to just the state of Texas. File Photo by Mike Theiler/UPI |
License PhotoJan. 18 (UPI) — A federal appellate court has agreed with opponents of the Deferred Action for Childhood Arrivals program that it is illegal, but in its ruling limited the focus of an injunction to the state of Texas.
The three-judge Court of Appeals for the Fifth Circuit ruled unanimously on Friday that Republican-led states challenging the so-called “Dreamers” program are correct in arguing the Biden administration’s rules governing the effort are unlawful and should be blocked, thus handing a victory to Texas, Nebraska, South Carolina and Mississippi.
Under a final rule issued by President Joe Biden in 2022, federal prosecutors are given discretion to defer the removal of young people who came to the United States illegally years earlier as children, who have no current lawful immigration status, and who were already generally low enforcement priorities for removal.
Known as “Dreamers,” there are believed to be more than 500,000 such young immigrants currently living the in the United States.
The future of DACA under President-elect Donald Trump remains in doubt given his hardline campaign promises and announced plans to deport millions of illegal migrants from the United States. He also attempted to end the DACA program during his first administration.
However, Trump last month signaled a willingness to work with Democrats to spare Dreamers from deportation.
DACA has remained virtually frozen while the Fifth Circuit mulled the GOP-run states’ suit challenging whether the executive branch has the authority to create such a consequential program.
Judge Andrew Hanen of the southern district of Texas ruled in 2021 that President Barack Obama exceeded his authority when creating the program in 2012, and in Friday’s ruling, the Fifth Circuit agreed, affirming that states have sufficient legal standing to bring suit against it.
But, in a setback to the plaintiffs, the panel also ruled that Texas is only state with such standing, meaning it declined to uphold the lower court’s nationwide injunction against the Biden rule. The decision also left in place the lower court’s decision allowing current DACA recipients, even in Texas, to renew their status while the case is on appeal.
Analysts said that mixed ruling has set up a likely Supreme Court challenge to sort out the inconsistencies, which would mark the first time the nation’s highest court weighs in on the long-running battle over DACA.
Texas Attorney General Ken Paxton called Friday’s decision a “major win.”
“This is a win for Texas. I am pleased the Fifth Circuit found that the Biden Administration’s DACA policy was unlawful,” he said. “I look forward to working with President-elect Donald Trump to ensure that the rule of law is restored, and the illegal immigration crisis is finally stopped.”
The Mexican American Legal Defense and Educational Fund, a nonprofit group that appealed the lower ruling, praised the Fifth Circuit’s move to restrict the existing injunction to a single state.
“The ruling restores DACA in 49 states, providing temporary relief for thousands of young people who study, work, and contribute to our nation,” MALDEF Vice President of Litigation Nina Perales said in a statement. “And all current DACA recipients remain protected, and able to renew their DACA grants, until this case concludes its journey through the courts.”
