The U.S. Court of Appeals for the Fifth Circuit affirmed a lower court ruling on Friday, declaring the Deferred Action for Childhood Arrivals (DACA) program unlawful.
A three-judge panel from the 5th Circuit Court of Appeals in New Orleans, composed of two judges appointed by Republican presidents Ronald Reagan and George W. Bush and one by Democrat Barack Obama, issued a unanimous decision. This marks the latest setback for DACA, a policy that has left its recipients in legal uncertainty for over a decade.
According to U.S. Citizenship and Immigration Services, around 535,000 immigrants brought to the U.S. as children without legal authorization currently receive deportation relief and work permits under the “Dreamer” program.
The court determined that the ruling should apply solely to Texas, the only state to file a lawsuit against the program so far. The 5th Circuit’s ruling is currently on hold pending further appeals, allowing existing DACA recipients to maintain their protections until the legal process concludes.
DACA was introduced in 2012 under President Barack Obama, offering temporary protection from deportation and work authorization to undocumented young immigrants. This decision coincides with the impending inauguration of President-elect Donald Trump. The incoming administration’s stance on the case and the program’s future remains unclear.
The case involves a revised version of the rule, issued by President Joe Biden in 2022. Although this update made minimal substantive changes from the original 2012 memorandum, it underwent a formal rule-making process, including public comment, to bolster its legal standing.
U.S. District Judge Andrew Hanen in Houston previously ruled that the executive branch exceeded its authority, preventing the government from approving new DACA applications. However, he allowed existing recipients to retain their status while appeals were underway. Texas Attorney General Ken Paxton, who led the legal challenge with support from other Republican-led states, hailed the ruling as a significant triumph.
“This decision is a major victory,” Paxton said. “I look forward to working with President-elect Donald Trump to restore the rule of law and address the illegal immigration crisis.”
The U.S. Department of Homeland Security has not yet issued a response to the ruling. In 2016, the Supreme Court, with one seat vacant, reached a 4-4 deadlock over an expanded DACA program and a proposed version for parents of DACA recipients. This upheld a lower court decision blocking the expansions. In 2020, the Supreme Court ruled 5-4 that the Trump administration improperly attempted to terminate DACA without adhering to federal procedural requirements, allowing the program to remain in effect.
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