economy, holding and creating jobs and spending money. They argued that DACA recipients have grown up to become productive drivers of 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. In July arguments at the 5th Circuit, the U.S. The new rule’s 453 pages are largely technical and represent little substantive change from the 2012 memo that created DACA, but it was subject to public comments as part of a formal rule-making process intended to improve its chances of surviving legal muster. The other panel members were judges Kurt Engelhardt and James Ho, both appointees of President Donald Trump. “A district court is in the best position to review the administrative record in the rulemaking proceeding,” said the opinion by Chief 5th Circuit Judge Priscilla Richman, nominated to the court by President George W. 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. Wednesday’s ruling by three judges of the New Orleans-based 5th Circuit upholds the judge’s initial finding. The organization was among advocates renewing calls Wednesday for the Biden administration and Congress to protect DACA recipients. “Current DACA recipients can renew their status and apply for advance parole, but the ruling continues to block new applicants from being granted DACA,” the Immigrant Legal Resource Center, an advocacy organization, said in a statement. But he left the program temporarily intact for those already benefiting from it, pending the appeal. He found that the program had not been subjected to public notice and comment periods required under the federal Administrative Procedures Act. District Judge Andrew Hanen last year declared DACA illegal. People protected by DACA are commonly referred to as “Dreamers,” based on never-passed proposals in Congress called the DREAM Act.ĭACA was adopted by former President Barack Obama’s administration and has had a complicated ride through federal court challenges. “It is beyond time for Congress and Biden to act on their promises to secure permanent protections for Dreamers, including a pathway to citizenship, once and for all,” the advocacy group Families Belong Together said in a statement. The ruling leaves the future of Deferred Action for Childhood Arrivals up in the air, with current DACA recipients protected - for now - but new applicants barred. Circuit Court of Appeals said a federal district judge in Texas should take another look at the program following the revisions adopted in August. NEW ORLEANS (AP) - A federal appeals court Wednesday ordered a lower court review of Biden administration revisions to a program preventing the deportation of hundreds of thousands of immigrants brought into the United States as children.
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