Federal Court Rules DACA Illegal

Mario A. Godoy
Federal Court Rules DACA Illegal

It was a setback for Dreamers. On October 5 a federal appeals court said the 2012 Deferred Action for Childhood Arrivals (DACA) policy violates U.S. immigration law by creating DACA. This was made through a memo instead of a rule that would be open to public comments. In short, the federal court rules DACA illegal.

DACA provides deportation protection and work permits to nearly 600,000 immigrant “Dreamers” who lack legal status.

The ruling does not affect the 611,000 immigrants currently enrolled in the DACA program, but it will block new applications.

The 5th Circuit Court of Appeals found that the Obama administration did not have the legal authority to create DACA in 2012. This affirmed a July 2021 ruling from a federal judge in Texas who barred the Biden administration from enrolling new immigrants in the program. The government is now prohibited from approving first-time DACA applications.

The appeals court did not order the Biden administration to shut down DACA completely or stop processing renewal applications. The court left in place an order from U.S. Judge Andrew Hanen regarding the policy for current beneficiaries and processing renewal applications. The appeals court sent the case back to Hanen to review the Biden administration’s regulations that are scheduled to go into effect on October 31.

The Department of Justice spokesperson Dena Iverson made a statement. She said that the department disagreed with the ruling and will “vigorously defend the lawfulness of DACA as this case proceeds.”

What’s Next For DACA?

President Biden said he’s “disappointed” in the ruling and called on Congress to take action:

“The court’s stay provides a temporary reprieve for DACA recipients but one thing remains clear: the lives of Dreamers remain in limbo, it is long past time for Congress to pass permanent protections for Dreamers, including a pathway to citizenship.” 

Department of Homeland Security Secretary Alejandro Mayorkas said his department would continue processing DACA renewal cases. And he was “deeply disappointed” by the court decision and the “ongoing uncertainty it creates for families and communities across the country.”

Learn More: What Does the DACA Final Rule Mean?

Do You Have Questions About Your DACA Status?

An experienced DACA lawyer can explain the new policy developments around U.S. immigration laws and how they might affect your DACA status. Knowledge of the legal system is a powerful tool to protect people from deportation. To discuss your situation, call 630-912-0322 to schedule a consultation with one of our experienced DACA attorneys today.

Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will and Lake Counties.

 

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