Verdicts & sentences

US Appeals Court Rules Against DACA Immigration Program

OCT 6 2022·Updated OCT 10 2022

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Image credit: AFP/Getty Images [via NBC News]

The Facts

Deferred Action for Childhood Arrivals (DACA) — an Obama-era policy that has prevented the deportation of hundreds of thousands of young immigrants brought in as children — is unlawful, a federal appeals court ruled on Wednesday.
Reuters
The 5th US Circuit Court of Appeals upheld a Texas-based federal district judge's initial finding: DACA is illegal because it wasn't subjected to public notice and the required comment periods. However, the three judges in the latest ruling also said the initial Texas judge, Andrew Hanen, should review his opinion in light of revisions made to the policy in August.
guardian
DACA has faced a host of legal challenges. In 2016, SCOTUS was split 4-4 over an expanded form of the program and a form that would include the parents of DACA recipients. Four years later, the Trump administration was found to have improperly ended DACA in a 5-4 high court ruling. The program will likely go to SCOTUS for a third time over Wednesday's ruling.
NPR
Over 600k immigrants are currently protected by DACA. Although the government can't process any new applicants, those who came to the US as children under DACA will continue to be protected for now.
FOX News
Rescinding DACA could have consequences not only for program recipients - known as 'Dreamers' - but also for their American spouses, partners, and children. Some analysts worry about the impact on employment, too. According to attorney Andrew Pincus: "On average, 1,000 people will be removed from the workforce every business day for two years" if DACA recipients are no longer protected.
Forbes
Talks on immigration in Congress are likely to be invigorated by the recent developments, with Democrats and many GOP representatives supporting the creation of permanent legal status for the Dreamers.
wsj

Sources Split

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The Spin

Republican narrative

Biden's codification is yet another Democrat effort to improve the immigration eligibility of illegal aliens. The standards for DACA were previously set so low by the Obama administration that thousands of immigrants with prior violent criminal records were granted entry to the US — the justice system must uphold American security and put an end to this dangerous program.

Breitbart

Democratic narrative

This latest ruling has again put the futures of Dreamers, who have spent most of their lives putting down roots in the US, at risk. Lawmakers must protect the statuses of these hardworking recipients who contribute to society by defending a program that stimulates the US economy and props up the American labor market. Those deemed threats to public safety or national security are another matter entirely.

NBC

Metaculus Prediction

There is a 10% chance that the US will phase out per-country caps on employment-based visas before 2025, according to the Metaculus prediction community.