An appeals court ruled Wednesday that a well-known Obama-era program that protects “dreamers,” people who illegally entered the United States as minors, was illegal, in a ruling that does not disenfranchise its current beneficiaries.
The judges upheld the decision of the trial court, which limits the size of the program and thus freezes any new application, but keeps the status of about 600,000 young people who benefit from it as is.
The Court of Appeal returned the decision to the trial court, specifically to examine the new version drawn up by the Joe Biden administration in August of this program.
President Joe Biden expressed his disappointment with the decision, which means that “the lives of dreamers remain on pause.”
In a statement, he said the court’s decision is “the result of continued efforts by representatives of the Republican states to deprive the beneficiaries of this protection program and work permit, which many have held for more than a decade.”
“It’s time for Congress to take permanent action for the Dreamers, including a path to citizenship,” he added.
Implemented in 2012 under Democratic President Barack Obama, this program aims to protect “Dreamers” who illegally entered the United States as children where they resided from deportation.
But former President Donald Trump canceled it from 2017, opening a period of uncertainty for these young people under 30. In June 2020, the U.S. Supreme Court threw it back, approving the program.
But by focusing its decision on procedural issues, the Supreme Court did not completely close this legal battle.
In July 2021, a judge partially invalidated the program, saying the former Democratic president overstepped his authority by acting on executive orders after he failed to reform Congress. The Biden administration protested precisely against this decision, which was confirmed on Wednesday.
This program prevents its beneficiaries from being deported and gives them the Social Security number they need to work, drive, or study in the United States.
Homeland Security Secretary Alejandro Mallorcas said Wednesday night he was “deeply disappointed” by the decision and again urged Congress to pass legislation to enshrine the program into law.
The Democrat-majority House of Representatives has already passed the text, but Republicans, who have a potentially thwarting minority in Congress, have opposed the provisions of the reform, making it unlikely to pass in its current form.
