'The Fight Continues' as Appeals Panel Rules Against DACA
"It is long past time for DACA recipients, and so many others, to have a pathway to citizenship," said one migrant rights advocate.
Migrant rights advocates vowed to keep fighting after a federal appeals court on Friday dealt a blow to a program providing work permits and deportation relief to hundreds of thousands of undocumented immigrants brought to the United States as children—shortly before the Monday inauguration of Republican President-elect Donald Trump, who campaigned on mass deportations.
Deferred Action for Childhood Arrivals (DACA) has been ensnarled in legal battles since it was first introduced by the Obama-Biden administration in 2012. Friday's ruling from a three-judge panel of the U.S. Court of Appeals for the 5th Circuit stems from Republican-led states challenging the Biden-Harris administration's attempt to strengthen the program in 2022.
In 2023, U.S. District Court Judge Andrew Hanen from the Southern District of Texas found that the DACA rule from the previous year was unlawful and issued a nationwide injunction, though he left the program in place for current recipients. On Friday, the panel partly agreed but limited the injunction to Texas and blocked its decision from taking effect pending further appeal.
"We demand Congress find a way to urgently pass permanent protections for as many people as possible."
"The ruling restores DACA in 49 states, providing temporary relief for thousands of young people who study, work, and contribute to our nation. And all current DACA recipients remain protected, and able to renew their DACA grants, until this case concludes its journey through the courts," explained Nina Perales, vice president of litigation at MALDEF, which represents DACA recipients—often called Dreamers, due to related federal legislation that's never made it through Congress.
MALDEF president and general counsel Thomas A. Saenz said that "the panel's overreliance on the 5th Circuit's previous flawed analysis of standing and of the legality of DACA in its entirety make this decision itself ill-informed and nonconforming with respect to current federal law. Thus, we will be carefully considering, with our clients, the best options for preserving the work authorization (and forbearance) of all DACA recipients and DACA-eligible immigrants."
Saenz added that the panel's unanimous decision "presents squarely the question to be answered by Congress and the new administration: Will you finally accede to the expressed desires of bipartisan supermajorities of voters nationwide to preserve and protect the national asset that is made up of our DACA recipients and other DACA-eligible immigrants?"
Advocates for Dreamers, including some Democrats in Congress, also criticized the panel's ruling and called for legislative action.
National Immigration Law Center president Kica Matos
said Friday that the "ruling, just days before Donald Trump takes office, adds to the cruel uncertainty that immigrant youth have endured throughout years of politicized attacks on DACA."
"We also recognize that the incoming administration is likely to resume its assault on DACA and immigrant youth," Matos continued, referencing the Trump-Pence administration's effort to kill the program. "We will confront these attacks with the same force we used to defeat Trump's last attempt to end DACA. It's past time for politicians and courts to stop playing games with the lives of immigrant youth."
FWD.us president Todd Schulte said the new decision "is important and should be read in full," stressing that even the conservative court "made clear in its ruling the deep value of DACA by highlighting that ending the policy would do substantial harm to DACA recipients."
"A few weeks ago, President-elect Trump made welcome comments acknowledging that providing a pathway to citizenship for Dreamers is the best path forward for our country," he noted. "He now has a unique opportunity to protect DACA recipients and secure permanent protections for Dreamers."
"First, he should ensure that DACA stays in place by continuing to enact the policy as president and not supporting litigation against it," Schulte argued. "Second, he should also work with Republicans and Democrats to pass narrowly targeted legislation that specifically provides Dreamers the permanent protections that are best for them and all Americans."
"No one should have to live their life from court decision to court decision, nor in two-year increments. DACA has transformed the lives of so many. It is long past time for DACA recipients, and so many others, to have a pathway to citizenship," he added. As of October, there were over 537,000 active DACA recipients, according to federal data.
Greisa Martinez Rosas, executive director of United We Dream, said that the panel's decision "continues to baselessly attack immigrant young people, while also proving that our communities are essential to the economy and the future of the United States. This is why the 5th Circuit Court has kept renewals alive."
The advocate, who is undocumented, asserted that "the court's insistence on attacking DACA is especially concerning given" that 10 Senate Democrats on Friday joined Republicans in advancing the Laken Riley Act, "a bill that will put the lives of millions of people in danger of racial profiling as well as inhumane and indefinite detention."
"All the while, Trump is set to take office in just two days, pledging to carry out destructive mass raids and deportations quickly and forcefully," she pointed out. Late Friday,
The Wall Street Journal reported that the Trump-Vance administration is set to begin its promised deportations on Tuesday with an operation targeting residents of Chicago, Illinois.
"The pieces of Trump's destructive agenda have been laid out clearly," said Martinez Rosas. "Congress cannot continue to willfully ignore Trump's goal to target as many immigrants as possible and wreak complete havoc on families, cities, local economies, workplaces, and more nationwide. We demand Congress find a way to urgently pass permanent protections for as many people as possible, and for elected officials at every single level—from governors, mayors, and more—to seize every opportunity to reject Trump's agenda now and immediately shore up protections for immigrants nationwide."
Senate Democratic Leader Chuck Schumer (D-N.Y.) said in a statement about the Friday ruling that "the 5th Circuit is a renegade court. To say DACA is unconstitutional is not only cruel but way out of the mainstream of legal thinking."
"President-elect Donald Trump has said that he wants to do 'something about the Dreamers' and that he will work with Democrats on a plan, something I will take him up on while he is in office," he pledged.
Schumer wasn't alone. Sen. Alex Padilla (D-Calif.) said the "terrible" ruling "is another harsh reminder of the constant uncertainty DACA recipients face," while Sen. Dick Durbin (D-Ill.)—who has fought for Dreamers on Capitol Hill for over two decades—declared "the 5th Circuit DACA decision creates a force that will require a Washington response."
Even Sen. Catherine Cortez Masto (D-Nev.), who helped Republicans tee up the Laken Riley Act for a final vote next week, said that "I strongly disagree" with the ruling and called for a legislative fix.
In the House of Representatives—also narrowly controlled by Republicans—Democrats similarly urged action. Rep. Delia Ramirez (D-Ill.), the daughter of Guatemalan immigrants whose district includes part of Chicago, said that the ruling "only adds to the uncertainty and fear of countless immigrant and mixed-status families."
"If you are eligible, renew your DACA—don't wait!" she said. "To our Dreamers—¡Esta lucha no termina aquí! The fight continues until each of our immigrant neighbors has the safety, stability, and dignity they deserve."
