Federal Appeals Court Issued a Decision on DACA, declaring the program as illegal, and Biden is enraged and has engaged in rhetoric blaming ‘MAGA Republicans.’
The lengthy, tumultuous, and complicated history of the Deferred Action for Childhood Arrivals (DACA) program took another turn on Wednesday when a federal appeals court declared it illegal. According to The New York Times, the 5th U.S. Circuit Court of Appeals also permitted the almost 600,000 persons in the program to avoid deportation.
Barack Obama established DACA in 2012 with a stroke of the pen. Its goal was to protect illegal immigrants who entered the nation as youngsters with their parents from deportation.
Obama and other Democrats referred to individuals who participated in the program as “Dreamers,” referring to the 2001 Dream Act, an attempt to address the issue of illegal immigrants entering the country as minors.
DACA enrollees are typically 26 years old, with the oldest participants in their late 30s.
President Joe Biden used the verdict approximately one month before the midterm elections to criticize Republicans. Claiming his Administration is dedicated to safeguarding Dreamers from Republican politicians in Texas and other states. Biden stated that this challenge to DACA is another example of MAGA-Republican politicians pushing a radical agenda.
The president stated that today’s decision is the consequence of Republican state officials’ ongoing efforts to deprive DACA beneficiaries of the protections and work permits that many have now maintained for more than a decade. Although we will utilize the resources at our disposal to let Dreamers live and work in the one nation they know as home, Congress must establish permanent protections for Dreamers, including a path to citizenship, Biden stated/
DACA has been a source of contention from its inception, with several lawsuits filed against it for various reasons. According to Fox News, the 5th Circuit Court of Appeals was evaluating a July 2021 order from U.S. District Judge Andrew Hanen, who found DACA unlawful because it violated the federal Administrative Procedures Act.
The appeal court’s decision is far from final. It remanded the issue to a district court for further consideration of the constitutionality of a Biden administration policy devised by the Department of Homeland Security to keep the program running.
DACA has many flaws. Chief Judge Priscilla Richman said The district court’s ruling found significant substantive problems in the program.
Richman said that the DACA Memorandum violates key elements of the INA, referring to the program’s 2012 authorization paper and the Immigration and Naturalization Act of 1952. According to the court, DACA breaches the substantive standards of the Administrative Procedures Act.
DACA establishes a new class of otherwise removable individuals eligible for lawful presence, employment authorization, and other benefits. Richman added that Congress is to determine who may receive these benefits, and DACA recipients were not among them,
The legal issues raised by DACA are substantial, both for the parties and the public. In our opinion, the ruling stated that the defendants had not demonstrated a possibility of success on the merits. The defendants in this lawsuit were the Biden administration and its sympathizers.
The court ruled that people registered in the DACA program could keep their status. They also realize that DACA has tremendously impacted beneficiaries and many others in the ten years since its inception. Given the “uncertainty of final disposition” and the “inevitable disruption” that would result from a lack of continuity and stability, the ruling maintains the “stay as to existing receivers.”