A panel of federal judges in Washington is set to determine the fate of the Deferred Action for Childhood Arrivals (DACA) program, which has protected over half a million immigrants brought to the U.S. as children from deportation. The program has been in legal limbo after the Trump administration attempted to end it, leading to a battle that has now reached the U.S. Court of Appeals for the 5th Circuit.
During oral arguments, the Justice Department, the state of New Jersey, and immigration rights groups argued in favor of the legality of the Biden administration’s final rule to codify the program. The state of Texas, along with eight other states, challenged the program on the grounds that it harmed their economies due to the costs of education and medical care for DACA recipients.
The fate of DACA, which has been upheld by the Supreme Court in 2020 on procedural grounds, is now in the hands of the 5th Circuit judges. Vice President Kamala Harris criticized former President Donald Trump for targeting young immigrants and pledged to protect DACA recipients. The decision could take weeks or months and may ultimately be appealed to the Supreme Court.
Advocates for DACA argue that its recipients contribute positively to society, and that Texas’ claims of financial harm are unfounded. The court must now consider whether the states challenging DACA have standing to bring the lawsuit, and whether a nationwide injunction on the program is warranted. The outcome of this case will have significant implications for the future of DACA recipients and the immigration policy of the incoming administration.
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