Court declares DACA program illegal, but leaves policy intact for nearly 600,000 immigrant "Dreamers"

A federal appeals court on Wednesday said the Deferred Action for Childhood Arrivals (DACA) policy violates U.S. immigration law, dealing a blow to an Obama-era program that provides deportation protection and work permits to nearly 600,000 immigrant "Dreamers" who lack legal status.

A three-judge panel for the 5th Circuit Court of Appeals concluded the Obama administration did not have the legal authority to create DACA in 2012, affirming a July 2021 ruling from a federal judge in Texas who barred the Biden administration from enrolling new immigrants in the decade-old program.

Despite its conclusion, the appeals court did not order the Biden administration to shut down DACA completely or stop processing renewal applications, deciding instead to leave in place an order from U.S. Judge Andrew Hanen that left the policy intact for current beneficiaries. The government, however, will continue to be prohibited from approving first-time DACA applications.