Federal appeals court rules 2012 DACA memo illegal and sends case back to consider Biden administration’s version


A federal appeals court upheld the district court’s ruling, finding mostly Obama-era Deferred Action for Childhood Arrivals Program Unlawful but sent the case back to the lower court to decide the legality of the new provision strengthening the scheme.

Created in 2012, DACA was intended to provide temporary relief to undocumented immigrants brought to the U.S. as children, a group often described as “Dreamers.” Many of them are now adults.

According to the U.S. Citizenship and Immigration Services, more than 611,000 immigrants are enrolled in the program.

Wednesday’s ruling won’t affect those currently in the program, but it will continue to prevent new applications.

Judge Andrew Hanen of the Southern District of Texas, Formed the regime in July 2021 DACA was illegal and prevented the government from allowing new applications for the program. Hanen’s order, however, allowed current enrollees to continue the program while the lawsuit is pending.

The Court of Appeal stayed its ruling on Wednesday.

“We also recognize that DACA has had profound significance for recipients and others in the ten years since its adoption. Given the ‘uncertainty of final status’ and the ‘inevitable disruption arising from the lack of continuity and stability,’ we preserve the stay of existing recipients,” the ruling said.

Biden administration issued a rule in August To “protect and strengthen” the DACA program, the criteria for the program are largely maintained. A federal appeals court upheld the new regulation in its ruling, saying a lower court should consider it.

“A district court is in the best position to review the administrative record under the rulemaking process and to determine whether our holdings regarding the 2012 DACA memorandum fully resolve the issues related to the final rule,” the ruling states.

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