Arguments will be heard this week over the Deferred Action for Childhood Arrivals (DACA) program in a federal appeals court. Under the program, minors brought to the U.S. as children may qualify for employment authorization and gain a legal status to remain in the country. These DACA arguments are the latest in a series of legal actions. Implemented under the Obama administration, it was meant to be a temporary fix until Congress addressed the outdated immigration system.
However, the review and update of the U.S. immigration system remains unaddressed. Complexity has grown and immigration itself has become increasingly more politicized. The current DACA lawsuit, filed in 2018 by Texas and a group of six other states, argues the program is unlawful. The action suggests the program is outside of presidential authority and added costs to the states.
The Justice Department continues to defend DACA, along with other parties, including business and immigration organizations, among others. In their defense they state the country benefits from the program, including a positive economic impact. Further, supporters state presidential power includes both the enforcement and deferment of immigration laws.
DACA arguments will be heard in New Orleans by a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit. This court covers Louisiana, Mississippi, and Texas, some of the most conservative states in the country. The three questions the panel will consider include whether the states have proven they bear a financial burden, if in 2022 the Biden administration acted within its authority to preserve DACA with a formal rule, and whether the trial court correctly blocked new applicants to the program across the country versus solely in the seven states that filed the lawsuit.
Roughly 800,000 people registered for DACA since the program became active 12 years ago. The majority of individuals renew every two years, per guidelines. Since the 2021 ruling that limited new applications, the numbers have dropped substantially, to roughly 500,000. The drop is due to an unforeseen future for the program, say experts.
DACA has long been the topic of several legal actions. It is unlikely the Fifth Circuit will release a decision for several weeks or months. Following their decision, it is likely parties will challenge the matter to the U.S. Supreme Court.
If you have questions about DACA or any other U.S. immigration related issue, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice. We offer deep experience in both employment-based and family-based immigration matters.