US appeals court rules against program preventing deportation of child immigrants

DACA program will continue, with fight to keep it in place likely headed to Supreme Court

By Darren Lyn

HOUSTON, US (AA) - A federal appeals court ruled Wednesday that revisions by the Biden administration to a program preventing the deportation of hundreds of thousands of immigrants brought into the US as children need to be reviewed.

The Deferred Action for Childhood Arrivals (DACA) program remains in place for now despite the ruling, but its future remains uncertain.

"I am disappointed in today’s Fifth Circuit decision holding that DACA is unlawful," said President Joe Biden in a statement. "The court’s stay provides a temporary reprieve for DACA recipients, but one thing remains clear: the lives of Dreamers remain in limbo."

"Today’s decision is the result of continued efforts by Republican state officials to strip DACA recipients of the protections and work authorization that many have now held for over a decade," Biden continued.

"And while we will use the tools we have to allow Dreamers to live and work in the only country they know as home, it is long past time for Congress to pass permanent protections for Dreamers, including a pathway to citizenship."

Texas-based US District Judge Andrew Hanen last year declared DACA -- which was adopted by former President Barack Obama's administration -- illegal.

Wednesday's ruling upholds the judge's initial finding but sends the case back for a look at a new version of the rule issued by Biden in August.

“This incorrect ruling doesn’t take away anyone’s DACA protections today, but it allows state officials to continue their effort to end the program, said Omar Jadwat, director of the American Civil Liberties Union’s Immigrants’ Rights Project.

"As a result, Dreamers and their families will continue to live in uncertainty and fear that the limited protections they have could go away at any moment," he added.

The new rule takes effect Oct. 31.

"My administration is committed to defending Dreamers against attacks from Republican officials in Texas and other states," said Biden.

"This challenge to DACA is just another example of the extreme agenda being pushed by MAGA-Republican officials."

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