BY Benjamin ClarkJanuary 19, 2025
2 months ago
BY 
 | January 19, 2025
2 months ago

Appeals Court Rules DACA Unlawful Ahead of Trump's Inauguration

In a significant judicial development, the U.S. Court of Appeals for the 5th Circuit has ruled the Deferred Action for Childhood Arrivals (DACA) program unconstitutional.

This ruling casts uncertainty on the status of over half a million unauthorized immigrants just days before Donald Trump -- who has promised an immigration crackdown -- is inaugurated as president, as PJ Media reports.

The decision was announced on a Friday, marking a pivotal moment in the longstanding debate over immigration policies initiated during the Barack Obama era.

The court’s verdict specifically targeted a 2012 memo from the Obama administration that established DACA, which has allowed undocumented immigrants who came to the U.S. as children to avoid deportation and remain in the country.

Despite its findings, the appeals court decided to allow DACA to continue temporarily for those already enrolled in the program. However, it halted the possibility of new applications, creating a partial but significant closure of the program's benefits to future applicants.

DACA’s Impact and Legal Journey

DACA has provided essential legal protections for over 12 years, enabling recipients not only to avoid deportation but also to work legally in the U.S. Its benefits have been a lifeline to many who arrived in the U.S. as children or overstayed their visas.

In 2020, the Supreme Court faced a significant case regarding DACA, turning down a Trump administration effort to end it, citing procedural issues in the way the administration had attempted to dismantle the program.

This decision temporarily preserved DACA but did not resolve the underlying legal challenges to its constitutionality.

The latest ruling from the 5th Circuit affirms these challenges by deeming not just the original DACA policy but also a subsequent attempt by the Biden administration to codify DACA through regulation as exceeding presidential powers without congressional authorization.

Reactions to Court’s Decision

The response to the court ruling has been polarized. Texas Attorney General Ken Paxton, a long-time opponent of DACA, welcomed the decision.

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.” Paxton’s statement encapsulates the sentiments of those who argue that DACA represents an overreach of executive power.

Conversely, proponents of DACA have been vocally critical of the decision. Greisa Martinez Rosas, executive director of United We Dream, called the ruling an "attack" on young immigrants. She represents a voice for many within the immigrant community who see DACA as a critical protection against unjust deportation.

Spectrum of Political Responses to DACA

The struggle over DACA reflects broader debates on U.S. immigration policy. Former President Obama, who enacted DACA via executive action, repeatedly emphasized the need for comprehensive immigration reform.

Reflecting on immigration reform challenges in 2010, Obama remarked, “Comprehensive [immigration] reform, that’s how we’re going to solve this problem. Anybody who tells you it’s going to be easy or that I can wave a magic wand and make it happen hasn’t been paying attention to how this town works.”

The current legal status of DACA adds to the complex tapestry of U.S. immigration policy, a contentious issue that spans multiple administrations. The Biden administration's defense of DACA highlights a continuing commitment to protect the program's recipients amidst legal uncertainties.

Ultimately, this latest judicial development sets the stage for a potential showdown in the U.S. Supreme Court, which may be called upon to resolve these ongoing legal battles definitively. As the political climate shifts with the incoming Trump administration, the future of DACA and its hundreds of thousands of recipients hangs in the balance.

Road Ahead for DACA and Immigration Reform

As the debate over DACA continues to unfold, both supporters and critics of the program are bracing for further legal developments. The ongoing legal contention signals a critical era for U.S. immigration policy, intersecting with broader national conversations about the role of immigrants in American society and the extent of executive power in policymaking.

With so much at stake, the ultimate fate of DACA and the lives of its many recipients will likely remain at the forefront of American political discourse as stakeholders on all sides seek resolution to a long-standing and highly divisive policy issue.

Written by: Benjamin Clark

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