by Jennie Taer
The Biden administration says it will take legal action after a court declared Deferred Action for Childhood Arrivals (DACA) illegal Wednesday.
The Fifth Circuit Court of Appeals’ ruling “deeply disappointed” Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, who said his department will work with the Department of Justice (DOJ) to devise an “appropriate legal response.” The case will go back to a lower court while nearly 600,000 DACA recipients currently in the U.S. will be able to remain in the program.
“The Department of Justice respectfully disagrees with the decision and will continue to vigorously defend the lawfulness of DACA as this case proceeds,” DOJ spokesperson Dena Iverson told the Daily Caller News Foundation.
I am deeply disappointed by today’s #DACA ruling and the ongoing uncertainty it creates for families and communities across the country.
We are currently reviewing the court’s decision and will work with @TheJusticeDept on an appropriate legal response.
— Secretary Alejandro Mayorkas (@SecMayorkas) October 6, 2022
Wednesday’s decision is part of a 2018 lawsuit led by nine Republican states, contesting the legality of then-President Barack Obama’s 2012 program.
“DACA—part of Dems’ program to flood our country with aliens—is illegal & will stay enjoined. Huge victory for the Rule of Law in America!,” Texas Attorney General Ken Paxton wrote in a tweet Wednesday.
The Biden administration attempted in August to codify DACA as a federal regulation before the latest decision. A federal judge ruled in July 2021 that the Biden administration couldn’t process new DACA applications, which the administration appealed.
“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” Mayorkas said at the time.
U.S. Citizenship and Immigration Services (USCIS) says it will continue to accept DACA renewal requests and will accept new requests without processing them.
DHS didn’t respond to the DCNF’s request for comment.
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Jennie Taer is a reporter at Daily Caller News Foundation.
Photo “DACA Supporters” by Susan Ruggles. CC BY 2.0.