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A federal appeals court on Friday spoke out against an Obama-era policy that offers amnesty and a path to citizenship for illegal immigrants who entered the United States as children.
A three-judge panel of the US 5th Circuit Court of Appeals in New Orleans ruled unanimously that a new version of the policy issued by President Biden in 2022 exceeded the authority of the executive branch. The decision by two Republican-appointed judges and one Democratic-appointed judge is the latest blow to the Deferred Action for Childhood Arrivals program in a series of legal challenges that have kept 500,000 Dreamers waiting for a resolution for more than a decade.
Friday’s decision does not immediately change the status quo. Beneficiaries of the program can still renew temporary permits to live and work in the United States without fear of deportation. But the federal government remains barred from issuing new applications.
However, Friday’s decision creates an opportunity for DACA to be appealed a third time to the Supreme Court. And it comes just three days before President-elect Trump takes office with his promise to begin mass deportations of illegal immigrants.
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President Biden is shown on the left with pro-DACA protesters on the right. (Nathan Posner/Anadolu Agency via Getty Images and Yuri Gripas/Abaca/Bloomberg via Getty Images)
In his first term, Trump tried final IFbut he also made statements expressing his desire for Dreamers to be allowed to remain in the US
Obama introduced DACA in 2012, citing congressional inaction on legislation meant to give children brought to the US a path to legal status. Legal battles followed, including two trips to the Supreme Court.
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Immigrant rights activists take part in a rally outside the US Supreme Court in Washington, DC on November 12, 2019. (MANDEL I/AFP via Getty Images)
Biden 2022 Update in policy it didn’t change much substantively, but it was subject to public comment as part of a formal rulemaking process intended to improve its chances of surviving in court.
Texas Attorney General Ken Paton, who led the challenge on behalf of the Republican-led states, called Friday’s ruling “a major victory.”
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Texas Attorney General Ken Paxton 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 ensure that the rule of law is restored and that the illegal immigration crisis is finally stopped,” Paxton said.
The Department of Homeland Security did not immediately respond to Fox News Digital’s request for comment.
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In 2016, with a vacancy on the Supreme Court, the justices deadlocked 4-4 on an expanded DACA and a version of the program for parents of DACA recipients, upholding a lower court decision to block the benefits. In 2020, the high court ruled 5-4 that the Trump administration improperly ended DACA by failing to follow federal procedures, allowing it to remain in place.
The Associated Press contributed to this report.
