DACA Hanging By a Thread After Fifth Circuit Ruling

DACA Hanging By a Thread After Fifth Circuit Ruling

On July 16, 2021, DACA the United States Court of Appeals for the Fifth Circuit issued a ruling that found the Deferred Action for Childhood Arrivals (DACA) program to be unlawful. The decision came as a surprise to many and has left the fate of the program hanging in the balance.

DACA was first implemented in 2012 under the Obama administration. The program allows certain undocumented immigrants who were brought to the United States as children to receive protection from deportation and work authorization. To be eligible, individuals must have arrived in the United States before the age of 16, have lived in the country for at least five years, and meet other requirements.

In 2017, the Trump administration moved to end the DACA program, citing concerns about its legality. However, several lawsuits were filed challenging the decision, and in June 2020, the Supreme Court ruled that the administration had not followed the proper procedures in attempting to end the program.

Following the Supreme Court’s decision, the Trump administration again attempted to end DACA but was blocked by a federal court in New York. When the Biden administration took office in 2021, it announced plans to fully restore DACA.

However, the recent ruling by the Fifth Circuit has thrown the future of the program into doubt once again. The court found that the DACA program was created without the proper legal authority and that the program itself is therefore illegal.

The Biden administration has promised to appeal the ruling to the Supreme Court, but it remains to be seen what the outcome of that appeal will be. In the meantime, many DACA recipients and their families are left in a state of uncertainty, unsure of what their future in the United States will hold.

DACA

DACA stands for Deferred Action for Childhood Arrivals. It is a program implemented by the Obama administration in 2012 that provides temporary protection from deportation and work authorization to certain undocumented immigrants who were brought to the United States as children, also known as Dreamers. To be eligible, individuals must have arrived in the United States before the age of 16, have lived in the country for at least five years, and meet other requirements.

DACA recipients, also known as Dreamers, have been able to pursue education and employment, and contribute to their communities without the fear of deportation. However, the program has been the subject of ongoing legal challenges and political debate. In 2017, the Trump administration moved to end the program, citing concerns about its legality. The move was met with widespread protests and legal challenges, which ultimately led to a Supreme Court ruling in 2020 that the Trump administration had not followed the proper procedures in attempting to end the program.

In 2021, the Biden administration announced plans to fully restore DACA, but a recent ruling by the United States Court of Appeals for the Fifth Circuit has thrown the future of the program into doubt once again. The court found that the DACA program was created without the proper legal authority and that the program itself is therefore illegal. The Biden administration has promised to appeal the ruling to the Supreme Court, but the fate of the program remains uncertain.

Latest Challenges

The DACA program has faced numerous challenges since its inception, with the latest challenges being:

  1. Fifth Circuit Ruling: On July 16, 2021, the United States Court of Appeals for the Fifth Circuit issued a ruling that found the DACA program to be unlawful. The court found that the program was created without the proper legal authority and is therefore illegal.
  2. Injunction in Texas: In another legal challenge, a federal judge in Texas issued an injunction in 2018 that would have ended the DACA program. However, the injunction was temporarily blocked by a higher court and the program has remained in place.
  3. Uncertainty for Dreamers: The ongoing legal challenges and political debate around the DACA program have created uncertainty for Dreamers, who are unsure of their future in the United States. DACA recipients are worried about losing their work permits and being at risk of deportation.
  4. Congressional Action: The fate of the DACA program ultimately rests with Congress. While there have been efforts to pass legislation to provide a path to citizenship for Dreamers, such efforts have stalled in Congress.

Leave a Reply

Your email address will not be published. Required fields are marked *