Federal Appeals Court Deems DACA Unlawful, Leaving Future of “Dreamers” in Limbo

A federal appeals court ruled Friday that the Deferred Action for Childhood Arrivals (DACA) program is unlawful, casting uncertainty over the future of over half a million unauthorized immigrants brought to the U.S. as children.

A panel of judges from the U.S. Court of Appeals for the 5th Circuit upheld a lower court decision, concluding that the Biden administration’s effort to codify DACA violated U.S. immigration law. The original Obama-era memo creating DACA has also been ruled unlawful.

Although this ruling could have far-reaching consequences, it will not immediately change the current status quo. The court suspended its order, allowing DACA to remain active for current recipients, but closed the door for new applicants. The program, established in 2012, has provided protections from deportation for immigrants who entered the U.S. illegally or overstayed their visas as minors, known as Dreamers.

The ruling impacts only Texas, the state leading the Republican-led lawsuit against DACA. The court allowed renewals to continue for current beneficiaries, pending further action by the 5th Circuit or the Supreme Court. This could lead to a definitive ruling on DACA, though it’s uncertain how President Trump’s incoming administration will approach the case.

Texas Attorney General Ken Paxton celebrated the ruling as a victory, while immigrant advocates condemned it as an attack on young immigrants. The future of DACA remains uncertain as the legal battle continues.