An appeals court has ruled that former President Barack Obama’s Deferred Action for Childhood Arrivals (DACA) program is illegal.
On Wednesday, the 5th Circuit Court of Appeals ruled that the DACA program, also known as the “Dream Act,” was unlawful.
However, the court said it could stay in force for the 600,000 illegal alien “Dreamers” who had already obtained the status.
The DACA program was put into place by Democrat Obama in 2012 after saying numerous times that he did not have the constitutional power to do so.
The act allows illegal immigrants who arrived in the United States as children to remain on U.S. soil.
The court ruled that Obama did not have the power to pass such an amnesty program without Congress passing a law.
The three-judge panel for the court affirmed a lower court ruling from July 2021.
The lower court ruled last year that Obama did not have the constitutional authority to implement the program via executive memo.
The latest ruling keeps the injunction in place against new applicants.
“We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption,” the ruling states, according to CNN.
“Given the ‘uncertainty of final disposition’ and the ‘inevitable disruption that would arise from a lack of continuity and stability,’ we preserve the stay as to existing recipients.”
After the latest ruling, Democrat Rep. Chuy Garcia (D-IL) called on Congress to pass a law to protect DACA and keep the program in place.
“While this decision brings relief to current DACA recipients, it underscores the urgent need for Senate action on The Dream and Promise Act,” Garcia tweeted.
“We must provide long-term stability for DACA recipients and not close the door on the many young people who already call this country home.”
In August, the Biden administration moved to try to fortify the DACA program by allowing for public comment, a process that had been ignored by Obama and was criticized by the judge who struck down the law.
If Biden’s Department of Justice (DOJ) chooses to appeal the decision, it could be decided ultimately by the Supreme Court.