The Biden administration has appealed the July court decision that ruled the popular and successful Deferred Action for Childhood Arrivals (DACA) program to be unlawful, CNN reports. That ruling, issued by anti-immigrant federal judge Andrew Hanen, ground all new applications to a halt, including at least 81,000 first-time forms that had been backlogged due to agency delays. Currently, only renewals may go forward.

That will likely continue to be the case for the time being. The Biden administration’s appeal goes to the 5th Circuit, “an extremely conservative appeals court,” CNN continued. Just within the past few weeks alone, that conservative court gave the green light to a number of extremist policies, including the previous administration’s anti-asylum Remain in Mexico policy and Texas’ abortion ban.

This appeal of the DACA ruling to the 5th Circuit only stresses the importance of major legislative advancements made within the past several days. The Senate parliamentarian on Friday heard arguments over the inclusion of immigration provisions—including a pathway to citizenship for young undocumented immigrants—in Democrats’ $3.5 trillion spending package. President Joe Biden had notably endorsed reconciliation following Hanen’s decision, saying in a statement that “[i]t is my fervent hope that through reconciliation or other means, Congress will finally provide security to all Dreamers, who have lived too long in fear.”

And from tiring “headline to headline,” one DACA recipient said. United We Dream’s José Alonso Muñoz tweeted that “[h]onestly, as a DACA recipient it’s exhausting to go headline to headline wondering if this will be the year that I won’t be able to renewal my work permit, or lose my protections from deportation.” Since December alone, the program and its beneficiaries have seen a tumultuous timeline where DACA was fully reopened under court order, but then encountered massive agency-wide delays, and then was partially shut down under court order.

“It’s time for a pathway to citizenship for millions—not just DACA recipients,” Muñoz continued. “Immigrant youth continue having to live their lives from court case to court case,” United We Dream tweeted. “We need a pathway to citizenship, NOW! Nothing has changed for now. Renewals are still open & no new first time apps are being processed.” Astrid Silva, DACA recipient and Big Dream Nevada founder, told MSNBC’s Alicia Menendez she’s been waiting for decades for her chance to become an American on paper:


CBS News reports that immigration provisions advocates and Democrats are seeking to pass through the reconciliation process that could permanently protect up to 8 million people, with markup beginning in the House on Monday. Advocates are urging that legislation remain as inclusive as possible. “We believe that passing this legislation through reconciliation is permissible because the bill’s budgetary effects are a substantial, direct and intended result, and that the non-budgetary effects do not so disproportionately outweigh the budgetary effects as to make them merely incidental,” a Democratic aide said in the report.

Senate parliamentarian Elizabeth MacDonough’s decision could be out within days, and Democrats should remember that her opinion is just that: an opinion. “The presiding officer ‘may accept or reject’ that advice,” Daily Kos’ Joan McCarter wrote in July. “Senators are free to run their chamber as they see fit,” Daily Kos political director David Nir tweeted. ”Elizabeth MacDonough is not their boss—it’s the other way around.” While this fight to pass permanent relief continues, the Mexican American Legal Defense and Educational Fund (MALDEF) and co-counsel at Ropes & Gray are also appealing the Hanen’s decision on behalf of nearly two dozen DACA recipients.

“With DACA, the Department of Homeland Security uses the discretion granted to it by Congress to give DREAMers, who are low priorities for removal, an opportunity to live and work in the U.S. until there is a more permanent solution to their situation,” MALDEF Vice President of Litigation Nina Perales said in a statement received by Daily Kos. “For this reason, DACA is an important part of the immigration system and should be upheld as lawful.” MALDEF President Thomas Saenz said “[w]e look forward to a successful appeal on behalf of our courageous clients, even as we urge Congress to act to prevent the necessity of this appeal.”

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This is a Creative Commons article. The original version of this article appeared here.


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