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The Childhood Arrivals for Deferred Action (DACA) program is back in the courts, this time in the 5th Court of Appeals, where the Biden administration is appealing the U.S. District Court ruling that the Obama administration had no jurisdiction to enforce it.

The DACA was established in June 2012 through an executive action, not through legislation. He provided work permits and deportation protection to undocumented immigrants who were taken to the United States as children.

The legitimacy of the program has always been questioned, but it is up to Congress to pass legislation that formally legitimizes it.

Democrats had a majority in both the House and Senate when President Barack Obama was elected and President Biden was re-elected, but legalizing the status of immigrants who arrived as children was not a priority.

President Donald Trump’s administration tried to end the DACA, but federal courts blocked it because of procedural issues. However, in June 2018, Trump said he would sign legislation to code the DACA program if it was to link it to border security and immigration reform. It didn’t happen. In January 2019, Trump offered to extend support to DACA recipients in exchange for funding to support the construction of the border wall. That didn’t happen either.

The congressional argument has long been about broader differences in immigration and border security policy. Hundreds of thousands of DACA recipients are human pawns on this political chessboard.

Meanwhile, the courts have been filled with lawsuits over both the legality of the program and the legality of the end of the program. The current lawsuit is a lawsuit filed by several states, led by Texas. The state won a victory in July 2021 when U.S. District Judge Andrew Hanen said the Obama administration had no authority to launch the DACA program in 2012. Hanen closed the DACA program to new applicants, but allowed current enrollees to keep their jobs. permits and delays in removal while the Biden administration appealed its decision.

Congress can pass a clear law to formally legalize the DACA program, and the president can sign it. Everything else is politics.

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