Appeals Court Rules Against DACA Immigration Program; Appeals court rules DACA was illegally created under Obama, but program to remain intact for now; Court orders another review of revised ‘DACA’

Photo: Cliff Owen/Zuma Press

Appeals Court Rules Against DACA Immigration Program:

Obama-era initiative benefiting young immigrants was unlawful, panel says, but it doesn’t cut off access for current program recipients

A federal appeals court ruled Wednesday that an Obama-era initiative that provides deportation protections and work permits to some young immigrants is unlawful, placing the decade-old program in jeopardy.

The decision, by the Fifth U.S. Circuit Court of Appeals, largely affirmed a 2021 ruling by a federal district judge in Texas, who found the Deferred Action for Childhood Arrivals program, or DACA, was an overreach of presidential authority because Congress never gave the executive branch the power to grant mass reprieves to immigrants who are residing in the U.S. without authorization.

A Fifth Circuit three-judge panel said DACA was “manifestly contrary” to federal immigration law.

The earlier ruling allowed the program to continue for existing DACA recipients for the time being while litigation continued. The Fifth Circuit likewise declined to cancel the program immediately for current recipients while additional court proceedings continue.

Wednesday’s decision also didn’t address recent efforts by the Biden administration to shore up DACA’s legality. The appeals court said the Texas district court should consider that issue first.

The Department of Homeland Security in August reissued the DACA program as a federal regulation after a public-comment process. That regulation is set to take effect on Oct. 31.

DHS Secretary Alejandro Mayorkas said the agency was reviewing the ruling and will work with the Justice Department on a response. He also emphasized that current DACA recipients still enjoy protections for now. --->READ MORE HERE

AP Photo/J. Scott Applewhite, File

Appeals court rules DACA was illegally created under Obama, but program to remain intact for now:

Partial stay allows current program to continue while the case works through court system

A federal appeals court ruled Wednesday that the DACA program to protect immigrant “Dreamers” was created illegally by the Obama administration a decade ago, upholding a lower court’s decision to erase the program.

But the three-judge panel said its ruling doesn’t apply to the new version the Biden administration announced this year.

The judges sent the entire matter back to the lower-court judge to evaluate.

And the 5th U.S. Circuit Court of Appeals kept in place a partial stay, meaning the current DACA program will remain running while the case works through the court system.

The appeals court did signal a tough road ahead for the Biden plans, saying it does not appear that Congress anticipated such a broad grant of executive authority in immigration law.

“There is no ‘clear congressional authorization’ for the power that DHS claims,” wrote Chief Judge Priscilla Richman, who was nominated to the court by President George W. Bush.

But for now, she said, that merely means that the 2012 program created by the Department of Homeland Security in the Obama years was established in violation of the Administrative Procedure Act. --->READ MORE HERE

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++++Appeals court orders another review of revised ‘DACA’++++++

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