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On Wednesday, a US appeals court declared unconstitutional a program that protects undocumented migrants brought to the country as children but allowed it to continue for current recipients.
The ruling upholds a federal judge’s decision to limit the program in July 2021. The decision on Wednesday allows approximately 600,000 current enrollees to keep their status but continues to bar new applications. The policy of Deferred Action for Childhood Arrivals (DACA) is now being reviewed by a lower court. DACA recipients are referred to as “Dreamers.”
President Joe Biden expressed disappointment with the ruling, claiming that “the lives of Dreamers remain in limbo.” “It is long past time for Congress to pass permanent Dreamer protections, including a path to citizenship.”
In a statement, Homeland Security Secretary Alejandro Mayorkas said he is reviewing the decision and will work with the Department of Justice on a legal response.
DACA, established by then-President Barack Obama in 2012, covers approximately 700,000 people, granting them legal status as well as the right to work. Many people consider America to be the only country they have ever known.
In 2017, as part of a broader effort to limit immigration, then-President Donald Trump attempted to repeal DACA, claiming that Obama had exceeded his constitutional authority.
DACA recipients were granted a temporary reprieve in June 2020 when the Supreme Court ruled 5-4 that the Trump administration had failed to provide sufficient justification for its efforts to end the programme.
It was clear that it was ruling primarily on procedural issues, and it left the door open for further challenges.
DACA was later reinstated, and Biden has worked to strengthen the programme as well as initiate broader immigration reform since taking office.
The decision was appealed by the Biden administration. In addition, in August, the Department of Homeland Security issued a final rule to codify the programme and protect it from legal challenges.
In its decision on Wednesday, the appeals court stated that it lacked sufficient information to rule on the August regulation, which is set to go into effect on October 31.
Democrats in Congress have also pushed for legislation to permanently resolve the status of childhood arrivals, but immigration policies have long been stalled due to Republican opposition.
