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.
The 5th U.S. Circuit Court of Appeals said a federal district judge in Texas should take another look at the program following the revisions adopted in August. 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.
The advocacy group Families Belong Together said in a statement, "It is beyond time for Congress and Biden to act on their promises." "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. The organization was among advocates renewing calls Wednesday for the Biden administration and Congress to protect DACA recipients.
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. DACA is widely expected to go to the Supreme Court for a third time. In 2016, the Supreme Court deadlocked 4-4 over an expanded DACA and a version of the program for parents of DACA recipients, keeping in place a lower court decision for the benefits to be blocked. In 2020, the high court ruled 5-4 that the Trump administration improperly ended DACA by failing to follow federal procedures, allowing it to stay in place.
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