Staff Reports
A federal appeals court has made it clear that two wrongs don’t make a right in the realm of immigration policy. In a unanimous decision, the 5th U.S. Circuit Court of Appeals in New Orleans took a chainsaw to the patchwork of President Biden’s DACA policy, declaring it illegal and unconstitutional. Two judges appointed by Republican presidents joined a Democrat in delivering yet another smackdown to the Deferred Action for Childhood Arrivals program, a signature initiative of then-President Obama that was never truly on solid legal ground.
Created under the Obama administration in 2012, DACA was like a “Get Out of Jail Free” card handed to illegal immigrants who came to the United States as children. However, this executive order was a legislative power grab that bypassed Congress entirely, turning a blind eye to the Constitution’s clear mandate that immigration policy is the prerogative of the legislature. Obama, claiming Congress was dragging its feet, skirted the constitutional process and laid this house of cards, which has somehow managed to stand since its inception.
Despite the ruling, the generous terms of DACA will remain intact for existing beneficiaries. Those who already hold DACA can still renew their temporary work permits, continuing to live and work here without the imminent threat of deportation. But the court has drawn the line in the sand: no new applications will be accepted moving forward. This decision paves the way for another journey to the U.S. Supreme Court, where DACA has already been debated twice before, proving that this topic has a real knack for sticking around like that one relative who overstays their welcome at Thanksgiving dinner.
Prior legal skirmishes over DACA showed no shortage of drama. A 2021 decision by U.S. District Judge Andrew Hanen brought down the gavel on this program, based on a lawsuit by nine states bearing the Republican banner. His ruling pointed to procedural deficiencies, citing the lack of mandatory public notice and comment periods that the federal Administrative Procedures Act requires. Though the Biden administration attempted to reinvigorate DACA with an “updated” version in late 2022, Judge Hanen remained unimpressed, stating that the changes were merely window dressing, keeping the program’s foundational issues squarely on the table for all to critique.
🚨 BREAKING: Federal court rules DACA is illegal on eve of Trump administration.https://t.co/FyqZZbwcy4
— Proud Elephant 🇺🇸🦅 (@ProudElephantUS) January 18, 2025
Texas Attorney General Ken Paxton came out swinging after the ruling, declaring it a “major victory”—and one can’t help but smirk at the thought of his enthusiasm to partner with a potential second term of Trump to “restore the rule of law.” Trump, who made strides to dismantle DACA during his first term, has been mulling the idea of using the program as a bargaining chip for broader immigration reform if he should return to office. Who knew that a policy created from behind a desk could inspire such a strategic game of political chess?
As the saga continues, it becomes increasingly evident that DACA is like a bad first date—no one enjoys it, yet somehow it keeps coming back for a second chance. With the legal wheels already in motion for a third trip before the Supreme Court, it will be interesting to see if this time they listen to the wisdom of the lower courts that have tied this complicated web of immigration policy up in knots. The battle over this contentious issue is far from over, and one can bet that the outcome could shift the political landscape in a major way.
