Article at a Glance
- Issue: A federal court is hearing arguments over the legality of DACA, which protects over 500,000 undocumented immigrants brought to the U.S. as children.
- Texas’ Argument: Texas claims the program increases education and healthcare costs.
- Biden Administration’s Defense: The administration argues Texas lacks legal standing to sue.
- What’s Next: The case may head to the Supreme Court, impacting the future of DACA.
A federal appeals court is now deciding the future of the Deferred Action for Childhood Arrivals (DACA) program, a policy that protects undocumented immigrants brought to the U.S. as children. More than 535,000 people rely on DACA to live and work legally in the U.S. without fear of deportation. On Thursday, lawyers for both the Biden administration and DACA recipients argued to keep the program in place, while Texas and other Republican-led states pressed for its termination.
Texas claims the program burdens the state with extra costs for healthcare and education. The state argues that ending DACA would push many recipients to leave the country voluntarily, easing these expenses. “
DACA imposes significant financial burdens on states like Texas, and we believe it should be permanently struck down,” Texas Attorney General Ken Paxton said after the hearing.
Biden Administration’s Defense
The Biden administration is defending the legality of the program, arguing that Texas does not have the right to sue in the first place. Justice Department lawyer Brian Boynton asked the court to keep DACA in place for current enrollees even if the judges rule against new applications. He pointed to a recent Supreme Court decision that ruled Texas lacked standing in a similar case challenging immigration enforcement policies.
The arguments were heard by a panel of three judges: Jerry Edwin Smith, appointed by Ronald Reagan; Edith Brown Clement, appointed by George W. Bush; and Stephen A. Higginson, appointed by Barack Obama. A ruling against DACA could be appealed to the U.S. Supreme Court, which previously blocked an effort by the Trump administration to end the program.
A Decade of Protection
DACA was introduced in 2012 under the Obama administration to protect young immigrants who entered the country as minors, either by crossing the border or overstaying visas. To qualify for DACA, applicants must have arrived in the U.S. before June 2007, been under the age of 16 at the time, and meet certain educational or military service requirements. Applicants also cannot have a serious criminal record.
Vice President Kamala Harris, a long-time supporter of DACA, reiterated her commitment to the program on Thursday.
“As the Attorney General of California, as a United States Senator, and as Vice President, I fought to defend and protect DACA,” Harris said in a statement. “And as President, I will ensure we live up to our values by fighting to protect Dreamers and urging Congress to pass an earned pathway to citizenship for these young people.”
What’s at Stake
DACA’s future has been uncertain for years, with multiple legal challenges keeping the program in limbo. Most recently, U.S. District Judge Andrew Hanen ruled that the Biden administration’s effort to codify DACA into a formal regulation was unlawful. Hanen, however, allowed current DACA recipients to continue renewing their protections while the appeals process plays out.
Texas and other states argue that DACA was illegally created without congressional approval. They contend that the program leads to millions in spending on public services for DACA recipients, costs that could be avoided if the program were terminated.
Supporters of DACA argue that ending the program would cause significant harm to the recipients, many of whom have lived in the U.S. for most of their lives. An attorney representing New Jersey, which is defending DACA alongside the Biden administration, said that removing work permits would severely impact the recipients and their families, including U.S. citizen children who rely on their parents’ ability to work.
Looking Ahead
The three-judge panel did not indicate when they will rule. Any decision is expected to be appealed, meaning the case could end up before the Supreme Court once again. In 2020, the Supreme Court ruled that the Trump administration’s attempt to end DACA was done improperly, but the Court has not yet weighed in on the legality of the program itself.