A federal appeals court determined that the Obama administration didn't have the authority to institute the Deferred Action for Childhood Arrivals program but declined to dismantle it, allowing more than 600,000 immigrants to continue to enjoy its protections.
A federal appeals court determined that the Obama administration didn't have the authority to institute the Deferred Action for Childhood Arrivals program but declined to dismantle it, allowing more than 600,000 immigrants to continue to enjoy its protections.
The 5th U.S. Circuit ordered a review of new changes by the Biden administration to DACA, telling a Texas federal judge to review the program.
A three judge panel from the 5th U.S. Circuit Court of Appeals also ruled that while the Obama administration lacked the authority to create the immigration policy which affects over 600,000 people, it didn't dismantle the program, and people can continue benefiting from the policy.
The panel ruled that the U.S. government cannot process new applicants for individuals seeking DACA benefits.
"A district court is in the best position to review the administrative record in the rulemaking proceeding and determine whether our holdings as to the 2012 DACA Memorandum fully resolve issues concerning the Final Rule," the opinion states.
Several Republican-led states are suing the U.S. government, arguing that they are being harmed financially by spending hundreds of millions of dollars on services such as education and health care for people who are being allowed to stay in the U.S. illegally.
The Biden administration presented changes to DACA in August which were open to public comments, but don't contain substantial modifications to the Obama-era policy and are pointed at legal challenges in relation to the program.
The rule would begin on Oct. 31.
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