Court blocks new DACA applicants, current recipients protected

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A significant setback has been dealt to the Deferred Action for Childhood Arrivals (DACA) program following a recent federal appeals court decision, challenging a key immigration policy that has protected numerous undocumented immigrants from deportation.

The ruling from the U.S. Court of Appeals for the 5th Circuit maintains a previous court’s determination that the Biden administration’s efforts to formalize DACA were not in compliance with federal immigration statutes.

This decision reinforces the argument that the original 2012 executive action, implemented during the Obama administration without congressional input, exceeded presidential authority and failed to meet constitutional requirements.

Federal court rules DACA is illegal on eve of Trump administration pic.twitter.com/cFOpYNV6P6

— Merissa Hansen (@merissahansen17) January 18, 2025

The implications of this ruling are particularly significant for the approximately 538,000 individuals currently enrolled in DACA, as reported by U.S. Citizenship and Immigration Services. Program eligibility required applicants to demonstrate their arrival in the United States before age 16 and prior to June 2007, completion of American high school education or military service, and a clean criminal record.

CBS reported:

“Friday’s ruling, however, will not immediately change the status quo. By suspending its order, the panel of judges kept DACA alive for current recipients and closed to new applicants, as the program has been operating for the past few years.

[…]

BREAKING 🚨 5th Circuit Court just ruled Biden’s DACA rule is UNLAWFUL. I could not agree more

I don’t want children here illegally to be protected

DEPORT THEM ALL pic.twitter.com/0KbnnBDxZj

— MAGA Voice (@MAGAVoice) January 18, 2025

While it affirmed the lower court order that voided the Biden administration’s DACA regulation, the 5th Circuit panel narrowed the ruling’s impact, making it applicable only in Texas, the state spearheading the Republican-led lawsuit against the program. The panel paused its ruling as it relates to current DACA beneficiaries, pending another ruling by the 5th Circuit or the Supreme Court, allowing renewals to continue.

The panel also ruled that the deportation deferrals offered by DACA could be legally separated from the work permits that beneficiaries receive, giving the Biden administration a partial victory on its argument that the deportation protections should be left intact if the work authorization provision is struck down.”

While existing DACA recipients maintain their current protections, the program remains closed to new applicants, reflecting a complex legal landscape that continues to evolve in response to ongoing immigration policy debates.