The Biden administration is appealing a Texas court ruling that concluded the Obama-era Deferred Action for Childhood Arrivals policy is unconstitutional.
Biden’s Justice Department filed a notice to appeal the ruling, made by US District Judge Andrew Hanen earlier this year, which begins the appeal process in the conservative 5th US Circuit Court of Appeals, according to CNN.
The Mexican American Legal Defense and Educational Fund, which represents a group of DACA recipients who support the program, filed a notice to appeal as well.
DACA was created in 2012 and was intended to provide temporary protected status for illegal immigrant children who were brought to the United States by their parents.
Republicans have argued that Obama did not have the authority to create the program, and that he had usurped the power of Congress.
In July, U.S. District Judge Andrew Hanen in Houston agreed, saying in his ruling that “Congress’s clear articulation of laws for removal, lawful presence and work authorization illustrates a manifest intent to reserve for itself the authority to determine the framework of the nation’s immigration system.”
Associated Press contributed to this report
Biden DOJ appeals ruling that said DACA is unlawful