The Fifth Circuit said a federal district judge in Texas should take another look at the program following the revisions adopted by the Biden administration, leaving the future of DACA up in the air.
A federal appeals court Wednesday, Oct. 5, 2022, ordered a lower court review of Biden administration revisions to DACA, a program preventing the deportation of hundreds of thousands of immigrants brought into the United States as children. The ruling, for now, leaves the future of DACA up in the air.
"It appears that the status quo for DACA remains," said Veronica Garcia, an attorney for the Immigrant Legal Resource Center, an advocacy organization. Wednesday's ruling by three judges of the New Orleans-based 5th Circuit upholds the judge's initial finding. But it sends the case back to him for a look at a new version of the rule issued by the Biden administration in late August. The new rule takes effect Oct. 31.
In July arguments at the 5th Circuit, the U.S. Justice Department defended the program, allied with the state of New Jersey, immigrant advocacy organizations and a coalition of dozens of powerful corporations, including Amazon, Apple, Google and Microsoft. They argued that DACA recipients have grown up to become productive drivers of the U.S. economy, holding and creating jobs and spending money.
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