A federal appeals court declared the Deferred Action for Childhood Arrivals (DACA) policy illegal on Friday, creating uncertainty for more than half a million unauthorized immigrants brought to the United States as children. The U.S. Court of Appeals for the 5th Circuit upheld a lower court's decision that found the Biden administration's regulation, intended to formalize DACA, violated U.S. immigration law. In addition, the 2012 memo, which originally instituted the policy under the Obama administration, has also been declared illegal in previous court rulings, according to a report by CBS News.

Despite the decision, the policy will not be immediately interrupted. The court suspended its order, allowing DACA to continue operating in the same way as it is today: beneficiaries already enrolled retain their status, but new enrollments remain blocked. Since its inception 12 years ago, the program has allowed thousands of young immigrants, known as "Dreamers," to work in the U.S. without fear of deportation. These young people, who arrived in the country irregularly or overstayed their visas as minors, are associated with the Dream Act, a legislative proposal that tried unsuccessfully to offer them legalization.

The 5th Circuit's decision limited the immediate impact of the measure to the state of Texas, which led the lawsuit against DACA, but kept renewals for current beneficiaries pending future decisions from the court itself or the Supreme Court. The court also ruled that DACA deportation deferrals can be handled separately from work permits granted to participants, which represents a partial victory for the Biden administration, according to the report.

Currently, about 538 immigrants are enrolled in the program, according to data from September 2024 from the U.S. Citizenship and Immigration Services (USCIS). To qualify, applicants must have arrived in the country before turning 16 and before June 2007, as well as have completed high school or served in the military and have no serious criminal record.

This court decision could pave the way for the U.S. Supreme Court to definitively rule on the legality of DACA. However, the new Trump administration's approach to the case remains uncertain. During his first term, Trump tried to eliminate the program, claiming its illegality, but was barred by the Supreme Court in 2020 on technical issues. His new administration promises to toughen immigration policies, including mass deportations, tighter border controls and restrictions on the entry of immigrants and refugees.

Texas Attorney General Ken Paxton hailed the ruling as a victory, highlighting his intention to collaborate with the Trump administration to restore the "rule of law" and combat illegal immigration. On the other hand, Greisa Martinez Rosas, executive director of the group United We Dream, condemned the decision as an attack on young immigrants, reinforcing polarization on the issue.

The court battle over DACA remains a central issue in the political and social debate in the U.S., reflecting the impasse between immigrant protection initiatives and efforts to tighten immigration laws.