Wednesday, October 5, 2022

BREAKING NEWS: Court declares DACA illegal, leaves policy intact for current enrollees


"the Deferred Action for Childhood Arrivals (DACA) policy violates U.S. immigration law, dealing a blow to an Obama-era program that provides deportation protection and work permits to nearly 600,000 immigrant `Dreamers' who lack legal status.

A three-judge panel for the 5th Circuit Court of Appeals concluded the Obama administration did not have the legal authority to create DACA in 2012, affirming a July 2021 ruling from a federal judge in Texas who barred the Biden administration from enrolling new immigrants in the decade-old program.

Despite its conclusion, the appeals court did not order the Biden administration to shut down DACA completely or stop processing renewal applications, deciding instead to leave in place an order from U.S. Judge Andrew Hanen that left the policy intact for current beneficiaries. The government, however, will continue to be prohibited from approving first-time DACA applications."

Here is the Fifth Circuit's decision.

The DACA saga continues.

UPDATE (Oct. 7):  Peter Margulies take on the Fifth Circuit ruling on Lawfare can be found here. His bottom line:

"Ultimately, unless Congress acts, this case seems headed for the Supreme Court, which affirmed the Fifth Circuit’s 2015 DAPA ruling in an equally divided vote and has since gained Justices Gorsuch, Kavanaugh, Barrett, whose views on executive discretion and immigration can be challenging to predict. (Justice Ketanji Brown Jackson's views on this subject seem more certain to track the DACA-friendly views of her predecessor, Justice Breyer.) In the meantime, because the Fifth Circuit left Judge Hanen’s stay in place, current DACA recipients will continue to be enrolled in the program."


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