OCTOBER 2022 UPDATE
On October 5th, 2022, the Fifth Circuit Court of Appeals affirmed a lower court’s opinion that the Deferred Action for Childhood Arrivals (DACA) is unlawful, but also allowed DACA renewals to continue for now. The Fifth Circuit is sending the case back to the District Court to review the legality of the new DACA rule recently issued by the Biden Administration. The Fifth Circuit’s ruling confirms what Make the Road has said for years: Congress needs to act.
The Court’s decision comes as part of a long string of court cases that have fought for the DACA program since the Trump Administration attempted to terminate the DACA program in 2017.
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On October 5, 2022, the Fifth Circuit issued their long-awaited decision on the DACA program. The court found the 2012 DACA program unlawful. However, it sent the case back down to the lower court in Texas to review the new rule that was issued recently by the Biden Administration making the DACA program into a regulation, rather than just an executive order. While the lower court considers the DACA regulation, all those who hold DACA can continue to renew their status. But unfortunately the program remains closed to new applicants.
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