Summary
A federal appeals court in New Orleans recently heard arguments regarding the Deferred Action for Childhood Arrivals (DACA) program, which protects certain undocumented immigrants who arrived in the U.S. as children from deportation. The Biden administration, alongside immigration advocates, is urging the court to maintain the program despite legal challenges from Texas and other states that argue DACA is unconstitutional.
The DACA program was initiated by President Obama in 2012 as a temporary measure to defer deportation for eligible individuals, allowing them to apply for work authorization. Currently, around 535,000 individuals benefit from DACA, although new applications have been halted since July 2021. The states challenging the program claim it imposes significant costs on their resources, while the Biden administration contends that the states lack legal standing to sue, as they have not demonstrated any direct harm from DACA. The ongoing legal battle is expected to culminate in a ruling from the appeals court, with the possibility of the case reaching the U.S. Supreme Court in the future.
Legal Arguments and Implications
State Standing The core of the legal debate revolves around whether Texas and the other states have the standing to challenge DACA. The Biden administration argues that the states have not shown how DACA has harmed them, a point that was previously rejected by the 5th Circuit in 2022. However, recent Supreme Court rulings may influence this argument, as the judges expressed skepticism about Texas’s claims of legal injury.
Impact on DACA Recipients DACA was designed to provide stability for undocumented immigrants who have established their lives in the U.S. The program has allowed these individuals to work and contribute to their communities without the constant fear of deportation. Advocates for DACA emphasize the reliance of both DACA recipients and their families on the program, arguing that its termination would have significant negative effects on numerous American citizens and communities.
Future of DACA The outcome of this case could have lasting implications for the future of immigration policy in the U.S. If the appeals court sides with Texas, it could lead to the dismantling of DACA, affecting hundreds of thousands of individuals. Conversely, a ruling in favor of the Biden administration could reinforce the program’s legality and provide a pathway for its continuation amidst ongoing political and legal scrutiny.
Federal Appeals Court Hears Challenge to DACA
Oct. 10 / Newsweek / Offers a concise overview of the DACA challenge, detailing the legal proceedings and arguments from both sides. While informative, it lacks depth in exploring the broader implications of the case. “ A federal appeals court heard arguments on Thursday in a case challenging the Deferred Action for Childhood Arrivals (DACA) program. DACA was created by...
Justice Department asks court to keep DACA in place for illegal immigrant 'Dreamers'
Oct. 10 / The Washington Times , America’s Newspaper / Highlights the Biden administration's arguments for DACA's preservation, emphasizing its long-standing role in immigrant lives. It provides a thorough legal context, though it may lean toward a pro-DACA stance. “ The Biden administration and immigration activists asked a federal appeals court on Thursday to preserve as much of the Obama-era DACA program as possible,...