Immigrants in the US demand protection for those shielded from deportation.

Immigrants who were brought to the United States illegally as children and have grown up in the country will be among the demonstrators outside a federal courthouse in New Orleans on Thursday. They are gathering as three appellate judges prepare to hear arguments regarding the Biden administration's Deferred Action for Childhood Arrivals (DACA) policy, which shields them from deportation.

The outcome of this ongoing legal battle at the 5th U.S. Circuit Court of Appeals is critical for approximately 535,000 individuals who have built their lives in the U.S. despite lacking citizenship or legal residency status. These individuals constantly face the threat of potential deportation.

Among those speaking out is Greisa Martinez Rosas, a DACA beneficiary and leader of the advocacy group United We Dream. She emphasized her commitment to the U.S. and her desire to improve it for everyone. Martinez Rosas plans to travel from Arizona to participate in a rally near the courthouse, where hundreds of supporters of the DACA policy are expected to gather.

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The panel of judges will not issue an immediate ruling. Regardless of their decision, the case is likely to reach the U.S. Supreme Court for a final determination.

The DACA program was first implemented by former President Barack Obama in 2012, responding to Congressional inaction regarding legislation aimed at providing a path to legal status for young immigrants. Subsequent years have seen extensive litigation surrounding the program, with President Joe Biden attempting to reinstate it in hopes of securing court approval.

In September 2023, U.S. District Judge Andrew Hanen in Houston ruled that the executive branch had exceeded its authority in establishing DACA. Although he prohibited the government from processing new applications, he allowed the program to remain in effect for current recipients, often referred to as Dreamers, during the appeal process.

Defenders of DACA contend that Congress has authorized the Department of Homeland Security to establish immigration policy and assert that the states challenging the program lack a legitimate basis for their lawsuits. Nina Perales, vice president of the Mexican American Legal Defense and Education Fund, argued that the states have not demonstrated any specific harms resulting from DACA.

Leading the legal challenge against the DACA policy is Texas, along with several other Republican-led states, including Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi. These states argue that they incur significant costs in healthcare, education, and other areas when undocumented immigrants are allowed to remain in the country.

The Immigration Reform Law Institute, an ally of the challenging states, has voiced concerns that Congress has repeatedly refused to provide legal status for DACA recipients, stating that no administration can independently authorize such measures.

The panel of judges hearing the case consists of Jerry Smith, nominated to the 5th Circuit by former President Ronald Reagan; Edith Brown Clement, nominated by former President George W. Bush; and Stephen Higginson, nominated by President Obama. The outcome of this case will significantly impact the lives of many individuals who have lived in the U.S. for years under the protection of DACA.

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