A federal appeals court has ruled that the Deferred Action for Childhood Arrivals (DACA) program is illegal, though it allowed for the renewal of existing DACA recipients’ applications. On the 17th, the 5th Circuit Court of Appeals ruled that DACA violates the Immigration and Nationality Act, upholding the original ruling. This decision, which came just days before President Donald Trump’s inauguration, leaves ongoing uncertainty for DACA recipients.
In 2023, a federal court in Texas had already determined that DACA, which was implemented by President Barack Obama’s executive order in 2012, was illegal, stating that it exceeded the executive branch’s authority under the Constitution. The appeals court upheld this ruling but permitted renewals for current DACA recipients until further orders from the Supreme Court or other courts. This decision maintains the current situation where new DACA applications are suspended, but renewals are allowed for those enrolled in the program before July 2021.
While the ruling may not lead to immediate changes, it adds to the legal uncertainty surrounding DACA recipients. As of the fourth quarter of 2024, U.S. Citizenship and Immigration Services (USCIS) reported 537,730 DACA recipients, including about 4,700 from Korea. The number of DACA recipients, both total and Korean, continues to decline. The ongoing suspension of new DACA applications has also caused frustration among Dreamers—immigrants who came to the U.S. as children with their parents and grew up there.
DACA provides these individuals with opportunities to study and work while avoiding deportation. However, with new applications suspended for several years, the number of eligible individuals who are not benefiting from the program is growing. Legal experts predict that the future of DACA will ultimately be decided by the Supreme Court.
A significant factor in the situation is the position of the newly inaugurated President Trump. During his first term, Trump had pushed for the elimination of DACA, but he has expressed his intention to work on establishing relief measures for DACA recipients in his second term. This raises the possibility that Trump may collaborate with the Democratic Party to find a legal solution for DACA recipients, as he had suggested before taking office. However, it remains unclear whether Trump will follow through on these plans, and whether a bipartisan agreement between Republicans and Democrats in Congress can be reached to implement relief measures for DACA remains uncertain.