Appeals court strikes down Obama-era amnesty for Dreamers
A federal appeals court on Friday ruled against an Obama-era policy that offered amnesty and a path to citizenship for illegal immigrants who entered the United States as children.
A three-judge panel of the 5th United States Circuit Court of Appeals in New Orleans A new version of the policy released by President Biden in 2022 unanimously ruled that it overrode the executive branch’s authority. The decision by two Republican-appointed judges and one Democrat-appointed judge is the latest blow to legal challenges to the Deferred Action for Childhood Arrivals program, which has kept 500,000 so-called Dreamers from being processed for more than a decade.
Friday’s decision does not immediately change the situation. Program beneficiaries can still renew temporary permits to live in the United States and to be deported. But the federal government is prohibited from issuing new applications.
However, Friday’s decision opens the door to a third appeal of DACA to the Supreme Court. And that’s three days before President-elect Trump takes office, vowing to begin mass deportations of illegal immigrants.
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President Biden is pictured on the left with DACA opponents on the right. (Nathan Posner/Anadolu Agency via Getty Images and Yuri Gripas/Abaka/Bloomberg via Getty Images)
During his first term in office, Trump tried to end DACA, but he issued a statement expressing his desire to allow Dreamers to stay in the US.
Obama introduced DACA in 2012, citing a lack of action by Congress on legislation aimed at legalizing those brought to the United States as children. Legal battles followed, including two trips to the Supreme Court.
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Immigration rights activists On November 12, 2019, they participated in a rally in front of the United States Supreme Court in Washington, DC. (MANDEL/AFP via Getty Images)
Biden’s 2022 amendment to the policy remains largely unchanged, but has been put out for public comment as part of the regular rulemaking process to improve its chances of surviving in court.
Texas Attorney General Ken Patton, who led the challenge on behalf of Republican-led states, called Friday’s ruling a “huge victory.”
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Texas Attorney General Ken Paxton has led the latest challenge to the DACA program. (Dylan Hollingsworth/Bloomberg via Getty Images)
“I look forward to working with President-elect Donald Trump to restore the rule of law and finally end the illegal immigration crisis,” Paxton said.
The Department of Homeland Security did not immediately respond to Fox News Digital’s request for comment.
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In the year In 2016, in one vacancy on the Supreme Court, the justices closed 4-4 on expanded DACA and a version of the program for parents of DACA recipients, setting aside a lower court’s decision to block the benefits. In the year In 2020, the Supreme Court ruled 5-4 that the Trump administration improperly ended DACA by not following federal procedures and allowed it to remain in place.
The Associated Press contributed to this report.
