NEW ORLEANS — Immigrants who were brought to the United States illegally as children will demonstrate outside a federal courthouse in New Orleans on Thursday. They will gather as three appellate judges hear arguments about the Biden administration’s policy that protects them from deportation.
This legal battle, taking place at the 5th U.S. Circuit Court of Appeals, could impact about 535,000 people who have built their lives in the U.S. despite lacking citizenship or legal residency. These individuals live with the constant threat of deportation.
Greisa Martinez Rosas, a policy beneficiary and leader of the advocacy group United We Dream, stated, “No matter what is said and done, I choose the U.S. and I have the responsibility to make it a better place for all of us.” She plans to travel from Arizona to join hundreds of supporters at a rally near the court.
The judges will not make an immediate ruling. Whatever the outcome, the case is likely to reach the U.S. Supreme Court.
The Deferred Action for Childhood Arrivals (DACA) program was established by former President Barack Obama in 2012. It aimed to provide a path to legal status for those brought to the U.S. as children due to Congress’s inaction. Years of legal challenges ensued, and President Joe Biden revived the program in hopes of securing judicial approval.
In September 2023, U.S. District Judge Andrew Hanen ruled that the executive branch had overstepped its authority in creating DACA. He prohibited the government from accepting new applications but allowed existing recipients, known as “Dreamers,” to remain protected during the appeals process.
Supporters of the policy argue that the Department of Homeland Security has the authority to set immigration policy. They contend that the states challenging DACA lack standing to sue. “They cannot identify any harms flowing from DACA,” said Nina Perales, vice president of the Mexican American Legal Defense and Education Fund, during a news conference this week.
Texas is leading a coalition of Republican-dominated states against the policy. Although the Texas Attorney General’s Office did not respond to a request for comment, court briefs claim that the states face significant costs in health care and education when undocumented immigrants remain in the country. Other states involved include Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi.
The Immigration Reform Law Institute supports the states in their challenge. Executive Director Dale L. Wilcox stated, “Congress has repeatedly refused to legalize DACA recipients, and no administration can take that step in its place.”
The panel of judges includes Jerry Smith, appointed by former President Ronald Reagan; Edith Brown Clement, nominated by former President George W. Bush; and Stephen Higginson, nominated by Obama.
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