In Fifth Circuit decision, a federal appeals court affirmed a lower court decision that held that the Deferred Action for Childhood Arrivals (DACA) program is illegal. The appeals court also held that the program can continue for current DACA holders while a lower court decides on the legality of the recent Department of Homeland Security final rule. Current DACA recipients are still protected and can still lawfully work while the court case continues.
Asian Americans Advancing Justice, an affiliation of five independent civil rights organizations, released the following statement:
“Enough is enough. We demand an end to political theater: Congress and President Biden must put words into action and create a pathway to citizenship for our undocumented communities.
“This decision clearly illustrates the need for a permanent solution. In the last few years, DACA recipients have been subject to continuous uncertainty, with varied policy changes and multiple court decisions constantly threatening the program. During that time, we have heard the same tired statements from our lawmakers about a ‘broken’ system and the need to protect DACA recipients and reform our immigration system. And yet, over a decade after the creation of the program, DACA recipients remain unsure of their future and the future of their families.
“The Fifth Circuit’s decision keeps hundreds of thousands of DACA recipients in limbo, including over 14,000 Asian American and 150 Pacific Islander active DACA recipients. If DACA is ultimately ended, it will have catastrophic effects on the over 600,000 individuals with DACA, millions of their loved ones, and the entire country.”