Just yesterday (Wednesday the 6th), a three-judge panel in the 5th Circuit Court of Appeals ruled that the Obama Era Deferred Action for Childhood Arrivals (DACA) policy is a violation of United States immigration law in a ruling that affirms the July 2021 ruling of a federal judge in Texas who barred Team Biden from enrolling yet more illegals in the program.
Specifically, the court ruled that the Obama Administration did not, when it created the program in 2012, have the legal authority to do so.
Biden, commenting on that ruling, said: “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.”
However, while the 5th Circuit panel upheld the 2021 ruling from Judge Andrew Hanen, a ruling that prohibits Biden from enrolling yet more illegals in the decade-old program, it did not go so far as to demolish the program completely.
Rather, new illegals will be kept out of it but the DACA program will remain intact for those beneficiaries currently enrolled in it and DACA will be allowed to continue processing their renewal applications.
Writing on that decision to allow DACA to continue operating for those currently in it, the court said, according to CNN:
“We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption. Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients.”
Conservative Review, adding more context to what Democrats are trying to do to keep DACA alive despite the Texas and 5th Circuit rulings, reported that:
After the latest ruling, Democrat Rep. Chuy Garcia of Illinois called on Congress to pass a law to protect DACA and keep the program in place.
“While this decision brings relief to current DACA recipients, it underscores the urgent need for Senate action on The Dream and Promise Act. We must provide long-term stability for DACA recipients and not close the door on the many young people who already call this country home,” Garcia tweeted.
In August, the Biden administration moved to try to fortify the DACA program by allowing for public comment, a process that had been ignored by Obama and was criticized by the judge who struck down the law.
That attempt to make DACA permanent flies in the face of what even Obama, at the time he pushed DACA through without public comment, said it was meant to do. In his words:
“In the absence of any immigration action from Congress to fix our broken immigration system, what we’ve tried to do is focus our immigration enforcement resources in the right places. This is not a path to citizenship. It’s not a permanent fix. This is a temporary stopgap measure that lets us focus our resources wisely while giving a degree of relief and hope to talented, driven, patriotic young people.
“There is still time for Congress to pass the DREAM Act this year, because these kids deserve to plan their lives in more than two-year increments.”
Former President Trump tried to do away with DACA but was stopped from doing so by the Supreme Court.