President Joe Biden criticized the decision of an appeals court that continues to leave decisions on the Deferred Action for Childhood Arrivals (DACA) immigration program in the hands of the courts in a statement published by the White House: “I am disappointed with the today's Fifth Circuit decision holding that DACA is illegal. The court stay provides a temporary reprieve for DACA recipients, but one thing is clear: Dreamers' lives remain in limbo.”
The decision of the appeals court on the immigration program Deferred Action for Childhood Arrivals (DACA ), whose beneficiaries are known as “dreamers” and on the one hand maintains the protection of 'dreamers' with that benefit, but asks a lower court to review the new rules of the Biden administration and prevents new assignments while the judicial litigation continues.
This extends the migratory “limbo” of the 'dreamers', since the judges approved that USCIS accept new petitions, but these cannot be decided by the agency.
Biden, who used the occasion to attack his Republican rivals and called on Congress to provide a path to citizenship for dreamers.
In their ruling, the judges order the ban on approving new DACA applications to remain in place, but allow renewals of existing benefits to be processed .
The leader of the Democratic majority in the Senate, Chuck Schumer, assured in a statement that the ruling puts the long-term security of the dreamers in check and called on the Republicans to “join” the Democrats to find a legislative solution to this situation.
Tonight’s decision by the Fifth Circuit Court continues to put in jeopardy the long-term safety and security of DACA recipients who’ve been waiting in limbo as the judicial system decides their future. pic.twitter.com/16n6Vm0R7K— Chuck Schumer (@SenSchumer) October 6, 2022
This ruling by the Fifth Circuit Court of Appeals affects the more than half a million migrants who arrived in the country when they were minors and whom the program, launched by former President Barack Obama, protects from deportation.
The court sent the case back to a federal court in Texas, which will have to make a decision on DACA, “in light of” the new regulations issued by the government of President Joe Biden last August.
The Biden Administration published this new regulation on DACA to protect the program from lawsuits, by sanctioning it in the Federal Register. The rule maintains the same criteria on how to register and who can benefit.
Gaby Pacheco, Director of Promotion, Development and Communications of TheDream.US asked Congress in a statement to proclaim a legal norm that protects Dreamers: “After today's DACA decision of the fifth circuit, TheDream.US asks Congress to pass bipartisan legislation that provides permanent protection to young undocumented immigrants. While the Fifth Circuit's ruling allows current DACA recipients to continue to renew their DACA status, it does not change the fundamental reality: Dreamers and the nation must replace the ongoing legal limbo and uncertainty with a permanent legislative solution.”
The American Immigration Council also asked Congress to protect the rights of Dreamers so that they do not continue to be suspended in legal litigation.
Congress must ensure a permanent solution and expand protections for #Dreamers as litigation over #DACA continues.— American Immigration Council (@immcouncil) October 5, 2022
Read our full statement on today's 5th Circuit decision here: https://t.co/XqCfGkfvvK @JeremyARobbins @JorgeLoweree pic.twitter.com/hxVZomLXMC