Federal Court Rules DACA Unlawful, Leaving Dreamers in Limbo

WASHINGTON — A federal appeals court on Friday declared the Deferred Action for Childhood Arrivals (DACA) program unlawful, leaving more than 538,000 undocumented immigrants brought to the U.S. as children in a state of uncertainty. The ruling by the U.S. Court of Appeals for the 5th Circuit upheld a lower court decision that found a Biden administration rule codifying DACA violated U.S. immigration law.

The 2012 Obama-era policy, which has allowed hundreds of thousands of young immigrants to live and work in the U.S. without fear of deportation, has faced repeated legal challenges. While the court’s decision does not immediately dismantle DACA, it blocks new applications and keeps the program in legal limbo as the case potentially heads to the Supreme Court.

The 5th Circuit panel narrowed the ruling’s impact, applying it only to Texas, the state leading the Republican-backed lawsuit against DACA. The court also paused its order for current DACA recipients, allowing renewals to continue pending further legal action. The panel further ruled that deportation protections could be legally separated from work permits, offering a partial victory to the Biden administration.

As of September 2024, approximately 538,000 immigrants are enrolled in DACA, according to U.S. Citizenship and Immigration Services. To qualify, applicants must have arrived in the U.S. before their 16th birthday and before June 2007, graduated from a U.S. high school or served in the military, and have no serious criminal record.

The ruling sets the stage for the Supreme Court to potentially resolve the decade-long legal battle over DACA. However, the outcome remains uncertain, particularly with President-elect Donald Trump‘s administration poised to take office. Trump has previously sought to phase out DACA, and his transition team has pledged to implement stricter immigration policies, including mass deportations and tougher border controls.

Texas Attorney General Ken Paxton hailed the ruling as “a win for Texas,” vowing to collaborate with the incoming Trump administration to address illegal immigration. Meanwhile, Greisa Martinez Rosas, executive director of United We Dream, condemned the decision as an “attack” on immigrant youth.

The Justice Department declined to comment on the ruling, leaving the future of DACA and its beneficiaries in question as legal and political battles continue.