A federal appeals court on Thursday heard arguments against the Deferred Action for Childhood Arrivals (DACA) program, with the fate of nearly half a million immigrants brought to the U.S. illegally as children hanging in the balance.
A panel of judges from the Fifth U.S. Circuit Court of Appeals in New Orleans weighed whether the DACA program is unlawful. Eight states — Alabama, Arkansas, Nebraska, South Carolina, Texas, West Virginia, Kansas and Mississippi — have alleged the program has harmed their states due to increased spending on social services. New Jersey has joined the case in defense of DACA.
DACA allows those individuals, also known as “Dreamers,” to live and work in the U.S. with protections. The program does not offer a course for U.S. citizenship or legal permanent residency.
“The DACA program, it’s a lifeline,” said Gretel Rodriguez, a DACA recipient from New Jersey who traveled to New Orleans for Thursday’s arguments. “It’s a huge source of stability for me and many other DACA recipients.”
The program has been the subject of a years-long court battle after Texas and six other states filed a lawsuit in 2018 arguing DACA was a presidential overreach putting the burden on states. New Jersey, which is home to nearly 14,000 Dreamers, joined the suit as a defendant arguing the state would suffer if Dreamers were deported because they’ve become part of their communities.
“Anytime DACA is back in the courts, anytime it’s making news headlines, it’s sort of that reality check for DACA recipients like myself, in that this program provides no permanent protections or a pathway to citizenship,” Rodriguez said. “It’s merely a band-aid over a larger wound and a product of an outdated immigration system.”
She added, “Being in the courtroom …it was again, surreal. And this really is a case that shouldn’t even be in court to begin with, because we provide so many benefits, back to our communities, back to the state of New Jersey and the country.”
A Texas judge ruled the program illegal in 2023, but stopped short of shutting it down. The appellate ruling remains uncertain, but many speculate the case will reach the U.S. Supreme Court.
