Federal Court Rules Against DACA Policy
(ConservativeHub.com) – America is full of all kinds of dreamers, from those hoping to start their own business or attend college to people hoping to start a family and live in freedom. Yet, in most political realms, “dreamers” refers to immigrants brought to the United States illegally as children but have only ever known life in America as they grew up.
In 2012, President Barack Obama started a program to protect and support this group called the Deferred Action for Childhood Arrivals (DACA). Now, though, a federal court has ruled the policy illegal.
Court Says Obama Lacked Legal Authority to Create DACA
On Wednesday, October 5, the 5th Federal Circuit Court of Appeals announced the DACA program doesn’t align with US immigration law, making the decade-old provision illegal. Still, the Court recognized around 600,000 people are currently enrolled in the plan and didn’t curtail it. Instead, the Court is preventing any new applicants’ acceptance. Those already registered may renew their application and status.
A federal appeals court panel ruled that a program that protects young immigrants from deportation is illegal but allowed those already enrolled to renew their status — in essence keeping the status of the program unchanged but its future uncertain. https://t.co/MbJze9DoU7
— The New York Times (@nytimes) October 6, 2022
The Court also asked Texas-based federal Judge Andrew Hanen to review a set of DACA rules the Biden Administration published in late summer, set to go into effect on October 31. Hanen previously ruled the Dreamer program illegal in 2021, pointing out that Obama had not allowed for a public comment period before instituting the law.
The Biden Administration Responds
On Wednesday, President Joe Biden released a statement expressing his “disappointment” in the ruling, saying it leaves Dreamers “in limbo.” He went so far as to call the movement to end DACA an “extreme agenda being pushed by MAGA-Republican officials.”
Homeland Security Secretary Alejandro Mayorkas also expressed disappointment in a Twitter post after the ruling, saying it creates “uncertainty” for people across the country. He also vowed to work with the Justice Department on a legal course of action.
This policy has found itself the subject of Supreme Court controversy multiple times in the past. SCOTUS previously ruled on it in 2016 and 2020, which ended in a 4-4 split the first time and a 5-4 ruling the second time, allowing the program to stay in place.
What’s Next for the Dreamers?
Many dreamers have grown up and are in the workforce now, with some working at companies like Google, Apple, and Microsoft. But, they still don’t have a straightforward path to citizenship or the right to vote, something only Congress could give them. So, while the federal appellate court deemed the program unlawful, the government still hasn’t figured out a way for Dreamers, who’ve lived here all their lives, follow laws, and pay taxes, to move forward.
What do you think of this court decision? Do you agree that the US should toss DACA, or should it stay in place?
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