DACA Ruling: What Does the Decision of a Court About the Dreamers Mean?

Written by Reynaldo — October 6, 2022
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Why this is important

Hundreds of thousands of young immigrants find themselves in limbo. Children who arrived with their parents undocumented and have made their lives in the United States were able to protect themselves under DACA but not regularize immigration. A rejection of DACA leaves these young people unprotected.

Immigrants in the DACA program are on average about 26 years old, with the oldest nearing 40. Most were brought to the country from Mexico; others were born in other Latin American countries and the Caribbean. Many of the DACA recipients have been able to raise families, buy homes and work at jobs in their fields of study, but their status has been precarious for years.

 

The decision of the US 5th Circuit Court of Appeals on DACA has caused a series of uncertainties about the future of thousands of young undocumented immigrants.

However, this only means a prolongation of the limbo they have been in since the former president implemented this program during his term.

The U.S. The 5th Circuit Court of Appeals said a federal district judge in Texas should take another look at the program following the revisions adopted in August. The ruling for now leaves the future of the Deferred Action for Childhood Arrivals up in the air. The 5th Circuit Court of Appeals said a federal district judge in Texas should take another look at the program following the revisions adopted in August. The ruling for now leaves the future of the Deferred Action for Childhood Arrivals up in the air.

Now, the Biden Administration is expected to appeal this decision at any time.

On Wednesday, the judges wrote that while they agree with the lower court that the DACA program is not legal, they “also recognize that DACA has had profound significance to recipients and many others in the 10 years since its adoption.”

The Justice Department was working with the Homeland Security Department on a response to the ruling.

In a statement late Wednesday, Mr. Biden reiterated his administration’s commitment to defend the status of DACA recipients.

 

How affects. those who are already protected under DACA and new applicants?

There are more than 611,000 immigrants enrolled in the program, according to US Citizenship and Immigration Services. Wednesday’s ruling will not affect those currently in the program, but it will continue to block new applications.

 

The reaction of the Biden government

Homeland Security Secretary Alejandro Mayorkas said following the ruling that he was “deeply disappointed” by the decision.

“I am deeply disappointed by today’s DACA ruling and the ongoing uncertainty it creates for families and communities across the country. We are currently reviewing the court’s decision and will work with the Department of Justice on an appropriate legal response,” he said in a statement, urging Congress to pass legislation “to provide permanent protection to the hundreds of thousands of Dreamers who call the United States home.”

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