The 5th Circuit Court of Appeals overruled former President Barack Obama and affirmed a lower court decision declaring the Obama-era Deferred Action for Childhood Arrivals (DACA) program unlawful.
The court did allow the program to remain in place for existing DACA recipients, for now, and blocked new people from enrolling. The case goes back to the lower court to review the Biden administration’s DACA rule as Joe hopes to save the program. The three-judge panel ruled that DACA violates immigration law.
Chief Judge Priscilla Richman wrote: “The district court’s excellent opinion correctly identified fundamental substantive defects in the program. DACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits.
“Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them.”
NEWS: Fifth Circuit DACA decision is out. Will post link to opinion momentarily. Appeals court affirms lower court’s opinion (against DACA) in part and remands for further proceedings in light of new DHS DACA rule. More to come pic.twitter.com/P912foljIR
— Ellen M. Gilmer (@ellengilmer) October 5, 2022
The court found that Obama’s 2012 program “contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization.”
The court continues:
“In our view, the defendants have not shown that there is a likelihood that they will succeed on the merits.
“We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption.
“Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients,” Richman wrote.
Biden said:
“The court’s stay provides a temporary reprieve for DACA recipients but one thing remains clear: the lives of Dreamers remain in limbo, it is long past time for Congress to pass permanent protections for Dreamers, including a pathway to citizenship.”
Department of Homeland Security Secretary Alejandro Mayorkas was “deeply disappointed” by the decision saying the “ongoing uncertainty it creates for families and communities across the country.”
“We are currently reviewing the court’s decision and will work with the Department of Justice on an appropriate legal response,” Mayorkas said.
Crux of opinion is here. Appeals court declines to review legality of new DACA reg, lacking administrative record. Focuses only on DACA memorandum from 2012 (agrees with district court on substantive and procedural issues there) pic.twitter.com/sjamedrC2c
— Ellen M. Gilmer (@ellengilmer) October 5, 2022
Mayorkas statement on DACA decision.
"only the passage of legislation will give full protection and a well-deserved path to citizenship for DACA recipients. I urge Congress to swiftly pass legislation to provide permanent protection to the hundreds of thousands of Dreamers" pic.twitter.com/ZclUxEnTsf
— Ellen M. Gilmer (@ellengilmer) October 6, 2022
