Court Declares DACA Program Illegal

Fifth Circuit sends the case back to district court.

A three judge panel of the U.S. Fifth Circuit Court of Appeals said the Deferred Action for Childhood Arrivals (DACA) policy violates U.S. immigration law. The program, established under President Obama, has provided deportation protection and work permits to nearly 600,000 migrant “Dreamers” who lack legal status.

The Fifth Circuit said President Obama’s administration did not have the legal authority to create DACA in 2012, affirming a July 2021 ruling from a federal judge who barred President Biden’s administration from enrolling new immigrants in the program.

The appeals court did not order President Biden’s administration to shut down DACA completely or stop processing renewal applications, deciding instead to leave in place an order from the district court judge that left the policy intact for current beneficiaries. The government, however, will continue to be prohibited from providing first-time DACA applications.

The appeals court has tasked the district judge with reviewing regulations that President Biden’s administration unveiled in August to address the legal challenges—policies set to go into effect on October 31.

Both President Biden and Homeland Security Secretary Mayorkas have expressed their disappointment in the court’s decision. Secretary Mayorkas said he has urged Congress to “swiftly” take action to preserve and fortify DACA.

As the Lord Leads, Pray with Us…

  • For the judge of the district court as a review is made of federal immigration law and applied to the DACA program.
  • For discernment for judges in both U.S. district and appellate courts as they hear cases that challenge federal law and the Constitution.
  • For the president and DHS secretary as they seek to protect those dwelling in this country under the DACA program.

Sources: Washington Examiner, CBS News, Politico


Back to top