DACA is once again under the microscope as legal battles heat up in federal courts, with its future hanging in the balance.
At a Glance
- The Supreme Court may resolve the fate of DACA within two years.
- The Fifth Circuit Court of Appeals is set to review the challenge against DACA’s legality.
- Judge Andrew Hanen’s ruling declared DACA illegal but doesn’t impact current protections.
- Texas and Republican-led states argue DACA burdens state finances.
DACA’s Uncertain Future
Deferred Action for Childhood Arrivals (DACA) is under scrutiny as legal challenges question its continuance. U.S. District Judge Andrew Hanen declared the program unlawful, a decision impacting both its 2012 inception and recent updates by the Biden administration. At stake is deportation relief for more than 500,000 undocumented immigrants. The U.S. Court of Appeals for the Fifth Circuit is set to hear arguments challenging DACA’s legality, with significant implications for those involved.
The review comes as supporters and opponents wait for the Supreme Court, which could rule on DACA within two years. If the Supreme Court rules against DACA, beneficiaries face losing work authorization and possible deportation. These developments contribute to ongoing uncertainties faced by “Dreamers.” Meanwhile, DACA supporters continue lobbying for legislative solutions that provide stability and protection. President Biden’s administration, along with major corporations, remains committed to defending DACA.
The battle over DACA at a federal appeals court will provide the most significant test so far of how recent Supreme Court decisions affect states' ability to challenge federal immigration programs. https://t.co/bcOVeVL0Vg
— Bloomberg Law (@BLaw) October 9, 2024
Legal and Public Reactions
Opponents led by Texas and eight other Republican states argue DACA unfairly imposes financial burdens on them. Texas’s stance challenges whether states have the standing to sue. Judge Hanen’s ruling does not affect existing protections, but the legal uncertainties have stalled new applications, leaving many eligible individuals unprotected. Demonstrators, including those illegally brought to the U.S. as children, recently gathered outside a federal courthouse in New Orleans, voicing their concerns. “How could a single judge tell all 22 other states who are so grateful for these people that actually they’ve all got to leave the United States?” Higginson asked.
While the debate over DACA’s legality unfolds, the Biden administration continues to push for a comprehensive legislative solution to permanently address the Dreamers’ status. The Immigration Reform Law Institute supports legal challenges, maintaining that Congress alone can authorize DACA recipients’ status. With livelihoods, homes, and communities on the line, the stakes are high for DACA recipients.
The Path Forward
Since its inception by President Obama in 2012, DACA has faced multiple legal hurdles. The Supreme Court previously ruled the Trump administration’s attempt to end the policy was procedurally flawed. Advocacy groups and supporters argue for a bipartisan legislative effort to secure a path to citizenship for DACA recipients. As the legal process unfolds, recipients face stress and uncertainty, impacting their daily lives and prospects.
The narrative around DACA continues to stir debate on immigration reform. As Congress deliberates on potential solutions, the future of Dreamers remains clouded by legal battles and political divisions, calling for decisive actions to ensure protection and opportunities for beneficiaries.
