Attorney General Ken Paxton has secured what he considers another victory for Texas in its ongoing legal battle against the Biden administration’s Deferred Action for Childhood Arrivals (DACA) policy.
The U.S. Court of Appeals for the Fifth Circuit has recently issued a ruling, affirming another district court’s earlier decision that the DACA program is “unlawful.” The court’s decision now clears the way for more legal proceedings at the district court level, as Paxton and his legal team will continue to press for the complete “dismantling” of DACA.
“This is a win for Texas. I am pleased the Fifth Circuit found that the Biden Administration’s DACA policy was unlawful,” Paxton said in a press release following the ruling.
DACA was first introduced in 2012 under the Obama administration, temporarily shielding certain undocumented immigrants brought to the U.S. as children from deportation, and allows them to apply for work permits. However, Paxton and many fellow republicans, argue that it creates an overreach of executive power, bypassing Congress’s role and power in creating immigration laws.
This week’s ruling marks another setback for DACA, which has left its recipients in a state of legal uncertainty for over ten years. While this decision does not immediately affect the more than 500,000 current DACA recipients, who can continue to renew their temporary work permits, it does prevent the federal government from accepting new applications, which will gradually reduce the pool of eligible participants in the program over time.
Since President Joe Biden took office in 2021, his administration has worked to preserve and expand DACA, despite the ongoing legal challenges. Texas, along with several other red states, has vehemently opposed the policy, arguing that it encourages illegal immigration and undermines border security.
According to Paxton, the ruling represents a much-needed course correction after what he describes as years of “lawlessness” under the Biden administration’s immigration plan.
While the case now returns to the district court level for further proceedings, some legal experts predict that the issue could ultimately hit the Supreme Court, according to a report from The Texas Tribune.
Paxton has also pledged to work closely with President Donald Trump, who has long been a vocal critic of DACA and other immigration policies championed by Biden.
“I look forward to working with President-elect Donald Trump to ensure that the rule of law is restored, and the illegal immigration crisis is finally stopped. Biden’s policies unleashed historic levels of lawlessness upon this country, and it is time to start fixing the mess the outgoing administration made,” he added.