A federal US appeals court recently ruled that the Deferred Action for Childhood Arrivals (DACA) program violates US immigration law, stirring questions about its future under the incoming Trump administration. The US Court of Appeals for the Fifth Circuit upheld a previous district court decision blocking DACA, citing its creation as unlawful. The court asserted that the program contradicted the classification scheme established by Congress, which had intentionally excluded DACA recipients from the broader immigration and naturalization framework.
The decision narrows the injunction’s scope to Texas, the only state plaintiff able to demonstrate actual injury from the program. This follows a 2022 panel ruling that also found DACA unlawful under administrative law, allowing current beneficiaries to renew their status but preventing new applications. Despite efforts by the Department of Homeland Security to preserve the program through a 2022 final rule, legal challenges continue to threaten its existence.
Instituted in 2012 under President Obama, DACA has granted work permits and deferred deportation for certain immigrants brought to the US as children. These “Dreamers” have also benefited from in-state tuition and healthcare eligibility. The recent ruling comes days before President-elect Donald Trump’s inauguration. Trump, who has previously vowed to dismantle the policy, faces a complex legal environment, as his earlier attempts were blocked by the Supreme Court on procedural grounds rather than substance.
Texas Attorney General Ken Paxton hailed the Fifth Circuit’s decision as a victory, expressing a desire to work with the new administration to address immigration issues. The ruling leaves many Dreamers in a state of uncertainty as legal and political battles over their futures continue.