Federal appeals court rules Obama-era DACA program illegal, buts says 600,000 already in US can stay

A federal appeals court ordered a review of new changes by the Biden administration to the Deferred Action for Childhood Arrivals program.

The decision was made by the 5th U.S. Circuit Court of Appeals on Wednesday, which said that a Texas federal judge needs to review the program after several changes were made by the Biden administration in August.

A three judge panel from the 5th U.S. Circuit Court of Appeals also ruled that while the Obama administration lacked the authority to create the immigration policy which affects over 643,000 people, it didn’t dismantle the program, and people can continue benefiting from the policy.

The panel ruled that the U.S. government cannot process new applicants for individuals seeking DACA benefits.


Susana Lujano, left, a dreamer from Mexico who lives in Houston, joins other activists to rally in support of the Deferred Action for Childhood Arrivals program, also known as DACA, at the U.S. Capitol in Washington on June 15, 2022
(AP Photo/J. Scott Applewhite, File)

The Associated Press contributed to this report.