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5th Circuit rules DACA is unlawful, but limits its ruling to Texas

On Friday, a federal appeals court upheld a lower court's ruling that protections for so-called Dreamers were illegal, suspending the program in Texas while limiting its ruling in the case on appeal.

The ruling upholds a lower court ruling that found the Biden administration's efforts to codify the Deferred Action for Childhood Arrivals (DACA) program violated immigration law.

The ruling leaves more than 500,000 DACA recipients in another period of uncertainty.

The Biden administration would normally appeal the decision, perhaps filing a lawsuit with the Supreme Court, but it is unclear how the incoming Trump administration will proceed.

” [Immigration and Nationality Act] “Clearly and prudently provides legal designations that enable defined classes of aliens to lawfully exist.'' ” and “established the conditions of entry,'' the 5th Circuit Court of Appeals wrote in its decision.

“By choosing not to include DACA recipients in its comprehensive scheme, 'Congress' strict classification scheme precludes a contrary scheme in the DACA Memorandum.'”

The ruling largely upholds an earlier ruling by U.S. District Judge Andrew Hanen.

Mr. Hanen determined that the coalition of states centered on Texas remained, and in September 2023, he ruled against the Biden administration's revamp of DACA as a memorandum replacing President Obama's 2012 executive order. .

Friday's ruling also creates another complex dynamic in the case. The DACA suspension applies only to Texas and protects other Dreamers while the lawsuit progresses.

The court also found that work permits are legally separable from the protection from deportation provided by DACA and sent the matter back to the lower court.

Hanen has ruled against DACA multiple times.

In 2015, Hanen ruled against the expansion of DACA and Deferred Action, a partnership program for American parents, and in 2021, he ruled that DACA itself is illegal.

The 2021 ruling was bounced back to Hannen in the wake of a Biden administration memorandum, which Hannen ruled illegal and that current DACA recipients will not be able to receive status while the court deals with the matter. maintained an injunction that could uphold the

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