Immigrants Rally as DACA Policy Faces Challenge in Court \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Over 200 demonstrators gathered outside a federal courthouse in New Orleans as appellate judges heard arguments about the future of the Deferred Action for Childhood Arrivals (DACA) program. The case, being argued at the 5th U.S. Circuit Court of Appeals, could determine the fate of about 535,000 immigrants known as “Dreamers,” who have built lives in the U.S. but lack legal status. Opponents, led by Texas, argue that DACA imposes financial burdens on states, while supporters contend the program benefits the economy and that Texas lacks legal standing to challenge the policy.
DACA Faces Legal Showdown: Quick Looks
- Court Hearing: Judges in New Orleans hear arguments on the future of DACA, affecting 535,000 immigrants.
- Demonstration: Over 200 protesters rally in support of DACA outside the courthouse.
- Texas Lawsuit: Texas and eight other states challenge the legality of DACA, citing costs to state resources.
- Federal Authority: Defenders argue that the Department of Homeland Security has authority to implement DACA.
- Supreme Court Likely: The case is expected to reach the Supreme Court for a final ruling on DACA’s fate.
Deep Look:
On Thursday, more than 200 demonstrators, including immigrants who came to the United States as children, gathered outside a federal courthouse in New Orleans, where a critical legal battle over the Deferred Action for Childhood Arrivals (DACA) program unfolded. Inside, three appellate judges from the 5th U.S. Circuit Court of Appeals heard arguments that could determine the future of DACA and the 535,000 immigrants who rely on the policy for protection against deportation.
Among the demonstrators was 37-year-old María Rocha-Carrillo, who traveled from New York to attend the hearing. Rocha-Carrillo, who was brought to the U.S. from Mexico at age 3, shared her story of how DACA allowed her to build a career as an educator after years of uncertainty about her legal status. “I live here. I work here. I own a home here,” she said, echoing the sentiments of many “Dreamers,” who, like her, have long-established lives in the U.S.
What’s at Stake?
The legal challenge, led by Texas and supported by eight other Republican-led states, is rooted in claims that DACA imposes financial burdens on states by increasing costs related to healthcare, education, and other services. Texas argues that it has standing to challenge the policy because of these financial impacts, which they say result from allowing undocumented immigrants to remain in the country.
On the other side of the debate, DACA supporters, including 22 states that benefit from the economic contributions of DACA recipients, counter that Texas has not provided sufficient evidence linking the policy directly to the costs it cites. These states argue that DACA recipients are essential to their economies and contribute meaningfully to various industries.
Judge Stephen Higginson, one of the three appellate judges, pressed Joseph Mazzara, the representative from the Texas Attorney General’s Office, on the matter. Higginson questioned how a single judge could dictate immigration policy for states that have benefited from the program, asking, “How could a single judge tell all 22 other states who are so grateful for these people that actually they’ve all got to leave the United States?”
However, Judge Jerry Smith, also on the panel, expressed skepticism about Texas lacking legal standing, suggesting that previous rulings had already established Texas’ right to challenge DACA. Smith’s comments were directed at Brian Boynton, the attorney representing the Biden administration. Boynton argued that recent Supreme Court decisions have raised the bar for proving standing, but Smith dismissed the idea that this precedent would overturn the lower court’s finding.
The Road Ahead
The case is part of a long legal saga surrounding DACA, which was introduced by President Barack Obama in 2012 to protect young immigrants who were brought to the U.S. as children but lack legal residency or citizenship. Obama’s move came after years of congressional inaction on immigration reform. In 2021, U.S. District Judge Andrew Hanen of Texas ruled that the executive branch had overstepped its authority by implementing DACA without congressional approval. Hanen’s ruling blocked the approval of new DACA applications but allowed the program to continue for existing recipients while the case is under appeal.
The 5th Circuit panel—composed of Judges Jerry Smith, Edith Brown Clement, and Stephen Higginson—did not indicate when a ruling might come. However, given the significance of the case, legal experts expect it to ultimately reach the Supreme Court for a final decision.
Voices from the Demonstration
Outside the courthouse, the emotions ran high as demonstrators rallied in support of DACA recipients, many of whom shared personal stories of how the program has allowed them to thrive in the U.S. Wendy Reynoso, a 24-year-old Guatemalan-born immigrant, expressed her frustration as her DACA application remains in limbo. Despite graduating with a mechanical engineering degree, Reynoso is unable to work in her field due to her uncertain legal status. “It hurts because even though I graduated with such a good degree, I’m not able to use it,” she said. “So, I’m just stuck.”
Reynoso’s situation is shared by thousands of DACA recipients whose futures hinge on the outcome of this legal battle. DACA has provided a sense of stability to those who were brought to the U.S. as children and have lived the majority of their lives in the country. Many recipients have completed higher education, started careers, and built families in the U.S., making the possibility of deportation a daunting prospect.
Opponents of DACA
The states challenging DACA—Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi—argue that the program incentivizes illegal immigration and creates significant costs for state governments. They also claim that DACA recipients take away job opportunities from U.S. citizens and strain public resources.
The Immigration Reform Law Institute, an ally of the states in the case, has argued that DACA oversteps executive authority. Dale L. Wilcox, the organization’s executive director, said, “Congress has repeatedly refused to legalize DACA recipients, and no administration can take that step in its place.” This legal position underscores the broader argument that immigration policy must be decided by lawmakers, not executive action.
A Long Road of Litigation
DACA has faced numerous legal challenges since its inception, and while the Obama administration hoped it would offer temporary relief for Dreamers, the policy has been mired in court battles almost from the start. President Joe Biden, who has been a vocal supporter of the program, renewed it upon taking office in 2021, hoping to win judicial approval.
However, with a ruling from the 5th Circuit expected soon and the likelihood of the case being appealed to the Supreme Court, the future of DACA remains in flux. For many Dreamers, the legal uncertainty has taken a toll. Still, there is hope that Congress will eventually take action to provide a permanent pathway to legal residency or citizenship for those who have called the U.S. home for decades.
Conclusion
As the legal battle over DACA intensifies, the stakes remain high for over half a million immigrants whose lives in the U.S. are on the line. The arguments heard by the 5th U.S. Circuit Court of Appeals will play a pivotal role in determining the future of DACA, with both supporters and opponents awaiting a final resolution. With the case likely heading to the Supreme Court, Dreamers like María Rocha-Carrillo and Wendy Reynoso can only hope that their long fight for stability in the U.S. will result in a permanent solution.
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