An appeals court ruled that the Deferred Action for Childhood Arrivals, also known as the "Dream Act," was unlawful, but said it could stay in force for the 600,000 "Dreamers" who had already obtained the status.
The DACA program was put into place by former President Barack Obama, a Democrat, in 2012 after saying numerous times that he did not have the constitutional power to do so. The act allows illegal immigrants who arrived in the United States as children to remain on U.S. soil.
On Wednesday, the 5th Circuit Court of Appeals agreed with Obama that he did not have the power to pass such an amnesty program without Congress passing a law.
The three-judge panel for the court affirmed a lower court ruling from July 2021 that said Obama did not have the constitutional authority to implement the program via executive memo. The newest ruling keeps the injunction in place against new applicants.
“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,” the ruling read according to CNN.
After the latest ruling, Democrat Rep. Chuy Garcia of Illinois called on Congress to pass a law to protect DACA and keep the program in place.
"While this decision brings relief to current DACA recipients, it underscores the urgent need for Senate action on The Dream and Promise Act. We must provide long-term stability for DACA recipients and not close the door on the many young people who already call this country home," Garcia tweeted.
In August, the Biden administration moved to try to fortify the DACA program by allowing for public comment, a process that had been ignored by Obama and was criticized by the judge who struck down the law.
If the Department of Justice chooses to appeal the decision, it could be decided ultimately by the Supreme Court.
Here's more about the DACA ruling:
Biden administration takes action to codify DACA protections for "Dreamers"www.youtube.com