
The Fifth U.S. Circuit of Appeals in New Orleans ruled against providing a permanent solution to protect those who were brought into the country as children.
A three-judge panel on Friday unanimously ruled against an Obama-era policy that gave protections from deportation under the Deferred Action for Childhood Arrivals program, the Associated Press reports.
Those enrolled in the DACA program, often known as “Dreamers,” include many adults who have been in the country for years, applying every few years to renew their status.
Texas Attorney General Ken Paxton — whose office brought the federal suit against DACA — called the ruling a victory. This was an appellate challenge to a 2022 Biden Administration version of the program, which a U.S. District Judge in Houston determined had overstepped its authority.
The 5th U.S. Circuit ruling upholds the lower court decision to deny any new applications to DACA, but stops short of dismantling the program for the half million people who already have the protections. They can continue to apply for temporary permits.
The Associated Press reports that this could tee up another U.S. Supreme Court challenge to executive order first ordered by Obama because of the inaction of the U.S. Congress to pass immigration reform bills. Unlike the 2012 order, the 2022 version did go through a formal rulemaking process with public comment, something that was expected to help it survive future legal challenges, according to the AP.
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This article appears in Jan 8-21, 2025.
