An appeals court on Wednesday ruled illegal a flagship program from the Obama years protecting from deportation “Dreamers”, migrants who arrived illegally in the United States when they were minors, a decision that does not remove the rights of current beneficiaries.
The magistrates confirmed a first instance judgment limiting the scope of this program, thus blocking any new application, but maintained the status of the approximately 600,000 young people who already benefited from it.
The court of appeal returns the judgment at first instance, leaving in particular to the next judge the task of studying the new version, forged by the Biden administration in August, of this program, called DACA.
President Joe Biden said he was disappointed by the decision, which he said meant that “the lives of ‘Dreamers’ remain in limbo.”
“Today’s decision is the result of ongoing efforts by Republican state officials to strip DACA recipients of the protections and work authorization that many have now held for more than a decade,” it said. he said in a statement.
“It is high time for Congress to enact permanent protections for Dreamers, including a pathway to citizenship,” he added.
Implemented in 2012 under Democratic President Barack Obama, it is intended to protect from deportation these “Dreamers” (“dreamers”), who entered illegally during their childhood in the United States, where they have lived since.
But Donald Trump canceled it in 2017, opening a period of great uncertainty for these young adults under 30. In June 2020, the Supreme Court of the United States had inflicted a snub on him by validating this program.
Basing its decision on procedural issues, the Supreme Court had not completely closed the legal battle.
In July 2021, a judge partially invalidated the program, finding that the former Democratic president had exceeded his powers by acting by decree, after having failed to pass this reform in Congress. It was this decision, contested by the Biden administration, which was confirmed on Wednesday.
This program prevents beneficiaries from being deported and gives them a social security number, essential to work, drive or study in the United States.
Homeland Security Minister Alejandro Mayorkas said Wednesday evening that he was “deeply disappointed” by the decision and called again on Congress to legislate to enshrine the program in law.
The House of Representatives, with a Democratic majority, has already passed a text, but the Republicans, who have a blocking minority in Congress, are opposed to the provisions of the reform, which makes its adoption, as it stands , unlikely.