A federal appeals court ruled on Friday against the Deferred Action for Childhood Arrivals (DACA) program, dealing another legal blow to the Obama-era policy that offers amnesty and a pathway to citizenship for illegal immigrants who entered the United States as children.
The decision marks a critical moment for the program, which has faced legal uncertainty for over a decade.
The 5th U.S. Circuit Court of Appeals in New Orleans issued the unanimous decision, with the three-judge panel—including two Republican appointees and one Democratic appointee—ruling that the 2022 update to DACA by Joe Biden overstepped the executive branch’s authority.
DACA: 5th Circuit Court ruled Joe Biden’s ‘Deferred Action for Childhood Arrivals’ rule is unlawful as well as the 2012 Obama administration memo that originally created the DACA policy
h/t @RealTomHoman pic.twitter.com/ng7bAs6hgC
— @amuse (@amuse) January 18, 2025
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This latest ruling leaves approximately 500,000 DACA recipients, often referred to as “Dreamers,” in limbo once again.
While the ruling prohibits the federal government from processing new DACA applications, it does not immediately alter the status quo for current beneficiaries.
Dreamers can continue renewing temporary permits that allow them to live and work in the United States without fear of deportation.
However, the decision signals that DACA’s future remains uncertain, as the case now has the potential to reach the Supreme Court for a third time.
The timing of the decision, just days before President-elect Donald Trump’s inauguration, adds further significance.
Trump has pledged to implement stricter immigration policies, including mass deportations, though he has previously expressed support for allowing Dreamers to remain in the country.
DACA was introduced in 2012 by then-President Barack Obama as a response to Congress’s failure to pass legislation that would provide a pathway to citizenship for young immigrants brought to the U.S. as children.
The program has faced numerous legal challenges since its inception, including two prior appearances before the Supreme Court.
In 2020, the Supreme Court ruled 5-4 that the Trump administration had improperly attempted to end DACA by failing to follow federal procedures, allowing the program to remain in place.
The new challenge, led by Texas Attorney General Ken Paxton and supported by other Republican-led states, argued that Biden’s 2022 update to the policy exceeded executive authority despite efforts to formalize the rule through public comment.
Paxton hailed Friday’s decision as a significant victory, stating, “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.”
VICTORY: Today, we secured a major victory in the U.S. Court of Appeals for the Fifth Circuit, which affirmed a district court’s ruling that the Biden Administration’s Deferred Action for Childhood Arrivals (“DACA”) policy is unlawful.
This is a win for Texas. I am pleased the… https://t.co/QFj1GFcMmU
— Attorney General Ken Paxton (@KenPaxtonTX) January 18, 2025
The Department of Homeland Security (DHS) has yet to comment on the ruling.
Biden’s 2022 updates to DACA aimed to bolster its chances of surviving in court by undergoing a formal rule-making process, but the changes did not substantially alter the program’s structure.
The appeals court ruling opens the door for the Supreme Court to weigh in on DACA once again.
This could prove pivotal as Trump prepares to take office, with his administration expected to prioritize stricter immigration enforcement.
Trump previously attempted to end DACA during his first term, though he also made public statements supporting Dreamers’ ability to stay in the U.S.
The ruling underscores the ongoing legal and political challenges surrounding immigration reform, leaving the fate of hundreds of thousands of Dreamers uncertain as the new administration takes shape.
For now, the battle over DACA appears poised to continue in the courts, with both sides preparing for what could be another high-stakes showdown at the Supreme Court.
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