DACA Unanimously Ruled Illegal by Federal Court of Appeals as Biden Administration Scream Foul

On Wednesday, October 5, the Fifth Circuit Court of Appeals, a three-judge panel, ruled the Deferred Action for Childhood Arrivals (DACA) is illegal, violating the Administrative Procedure Act. The Court remanded the case to the District Court in light of the newly published DACA regulation.

The ruling will allow current DACA recipients who are protected from deportation and can continue working and renewing their work permits. However, the stay does not apply to new DACA applications which are still not allowed.

Department of Homeland Security (DHS) Secretary Alejandro Mayorkas called the ruling deeply disappointing and said his department will work with the Department of Justice (DOJ) to make an appropriate legal response.

It has been reported that DOJ spokesperson Dena Iverson commented, “The DOJ respectfully disagrees with the decision and will continue to vigorously defend the lawfulness of DACA as this case proceeds. 

The case will go back to a lower court while nearly 600,000 DACA recipients currently in the United States will be able to remain in the program.

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The decision Wednesday was is part of a 2018 lawsuit led by plaintiffs from these Republican states; Alabama, Arkansas, Kansas, Louisiana, Nebraska, South Carolina, Texas, as well as the Governors of Mississippi and Maine.

According to Texas Attorney General Ken Paxton’s tweet on Wednesday, “DACA is part of Dems’ program to flood our country with aliens, it is illegal and will stay enjoined. Huge victory for the Rule of Law in America!”

DACA was created to provide temporary relief from deportation (deferred action) and work authorization to certain young and undocumented immigrants by then-Secretary of Homeland Security Janet Napolitano, and signed into effect by Executive Order by President Barack Obama in June of 2012.

The Biden administration attempted in August to codify DACA as a federal regulation before the latest decision. Afederal judge rule in July 2021 that the Biden administration couldn’t process new DACA applications, which the administration appealed.

At the time, Secretary Mayorkas said, “Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers.”

U.S. Citizenship and Immigration Services (USCIS) says it will continue to accept DACA renewal requests and will accept new requests without processing them.

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