Appeals court deals blow to Obama-era amnesty for Dreamers

The 5th U.S. Circuit Court of Appeals in New Orleans issued a unanimous ruling on Friday against an Obama-era policy that granted amnesty and a pathway to citizenship for illegal immigrants who were brought to the U.S. as children. The three-judge panel, consisting of two Republican-appointed judges and one Democratic-appointed judge, declared that President Biden’s 2022 update to the policy exceeded the executive branch’s authority. This decision marks another setback for the Deferred Action for Childhood Arrivals (DACA) program, leaving 500,000 Dreamers in limbo as they await a final resolution after more than a decade of legal challenges.

Despite the ruling, the current status quo remains unchanged, allowing DACA beneficiaries to renew their temporary permits to live and work in the United States without the fear of deportation. However, the government is prohibited from accepting new applications under the program. This latest development opens the door for DACA to be appealed to the Supreme Court for the third time, just days before President-elect Trump is set to take office with his pledge to initiate mass deportations of illegal immigrants.

President Trump previously attempted to terminate DACA during his first term but also expressed his support for allowing Dreamers to remain in the country. The DACA program was introduced by President Obama in 2012 as a response to congressional inaction on legislation that would provide a legal pathway for individuals brought to the U.S. as children. The program faced legal challenges, culminating in two trips to the Supreme Court.

President Biden’s 2022 update to DACA did not bring significant substantive changes but underwent a public comment period as part of a formal rule-making process to enhance its legal standing. Texas Attorney General Ken Paxton, leading the legal challenge on behalf of Republican-led states, hailed the court’s decision as a “major victory.”

The Department of Homeland Security has not yet responded to requests for comment on the ruling. The Supreme Court previously deadlocked in a 4-4 decision in 2016 over an expanded DACA and a program for parents of DACA recipients, leading to a lower court’s decision to block the benefits. In 2020, the Supreme Court ruled 5-4 that the Trump administration had improperly terminated DACA, allowing the program to remain in place.

In conclusion, the ongoing legal battles surrounding DACA highlight the complexities of immigration policy in the United States. As the fate of hundreds of thousands of Dreamers hangs in the balance, the political landscape remains uncertain. Stay tuned for further updates on this evolving situation.

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