WASHINGTON, (Reuters) – A federal appeals court ruled yesterday that a programme that has protected hundreds of thousands of young immigrants from deportation was unlawful, but said current enrollees could renew their status and sent the case back to a lower court to consider a new Biden administration regulation.
A panel of three judges from the conservative-leaning 5th U.S. Circuit Court of Appeals affirmed a lower court’s ruling against the program, called Deferred Action for Childhood Arrivals (DACA), but remanded the case in light of a new regulation issued in August. The new rule aims to strengthen the program against legal challenges.
The decision is a mixed one for U.S. President Joe Biden, a Democrat, who said he wants a permanent pathway to citizenship for DACA recipients – often known as “Dreamers.”
“Today’s decision is the result of continued efforts by Republican state officials to strip DACA recipients of the protections and work authorization that many have now held for over a decade,” Biden said in a statement released hours after the ruling. “And while we will use the tools we have to allow Dreamers to live and work in the only country they know as home, it is long past time for Congress to pass permanent protections for Dreamers, including a pathway to citizenship.”
The court allowed for the current 594,000 DACA enrollees to maintain their status, but continues to block new applications.
In remanding the case, the 5th circuit said it did not have enough information to rule on the new regulation, which is set to take effect on Oct. 31, but that the case should be resolved as quickly as possible.
The 46-page opinion signaled the judges were skeptical of DACA’s legality.
