DACA Program Faces Legal Challenges as Decision Heads to Supreme Court

Legal Battle Over DACA Program

The Deferred Action for Childhood Arrivals (DACA) program, designed to protect young individuals brought illegally to the United States as children, is embroiled in a complex legal battle. The fate of these individuals, known as Dreamers, is currently in the hands of the judiciary. As of October 10, 2024, the Fifth Circuit Court of Appeals is reviewing the legality of this significant immigration program. This review is the latest chapter in a legal saga initiated by Texas and eight other Republican-led states that challenge the DACA program’s ongoing viability.

Potential Ending of DACA Protections

For the approximately 535,000 DACA recipients, the implications of this legal contest are life-altering. Should the program be dismantled, Dreamers face the harsh reality of deportation from the only country many of them have ever truly known. The importance of these protective measures cannot be overstated, providing not just legal safety but also a sense of belonging and opportunity.

Historically, U.S. District Judge Andrew Hanen has twice ruled against the legality of DACA. Nonetheless, current recipients have been permitted to renew their protections as the legal proceedings progress. The stance of Judge Hanen and now the Fifth Circuit, which is deliberating over the Biden administration’s regulatory strategies to secure DACA, creates an uncertain future for these young immigrants.

Biden Administration’s Moves and Reactions

In response to continual legal challenges, the Biden administration has vigorously pursued transforming DACA into a federal regulation, aiming to solidify its legal standing. However, these efforts have met with resistance, as both Judge Hanen and the Fifth Circuit have found them unlawful, albeit allowing existing protections to persist. During a significant hearing on October 10, 2024, administration representatives contended that the states, led by Texas, lacked legal standing to challenge DACA.

The arguments underscore the states’ claims of incurred costs, particularly in healthcare and education sectors impacted by the presence of DACA recipients. Despite these contentions, the judges appeared open to preserving parts of the DACA framework, hinting at the possibility of using a severability clause to maintain lawful sections of the policy.

The Supreme Court’s Role

Any forthcoming decision by the Fifth Circuit is expected to pave its way to the U.S. Supreme Court. Previously, the Supreme Court ruled that current DACA recipients could retain their legal protections but stopped short of addressing the program’s overall legality. Future hearings in the Supreme Court will be pivotal, potentially shaping the broader landscape of U.S. immigration policy.

Beyond personal consequences for Dreamers, the potential cessation of DACA renewals poses substantial economic and social challenges. Studies and amici curiae briefs suggest that if DACA protections were to expire, more than 1,000 recipients could lose their employment each business week for two years, significantly affecting families, communities, and the national economy. Public support remains strong, especially from sectors engaged in business, education, and governance, although opposition persists among certain conservative groups and state governments.

The debate around DACA is emblematic of the broader complexities facing the American immigration system, fraught with challenges such as the H-1B visa cap for skilled foreign workers. The conversation on DACA and its beneficiaries thus dovetails into a larger narrative of needed comprehensive immigration reform, exemplifying the nuanced struggles within which societies must navigate equity and legality.