When the Supreme Court upheld the block on the Trump administration's effort to terminate DACA, Justice Roberts suggested that DACA as deportation protections only, but without the benefit of a work permit, might be legal. And today the 5th Circuit agreed.

Crucially, the Biden admin's DACA regulation had a severability clause saying that if a court struck down the work permits, the deportation protections should remain. Judge Hanen ignored that. The 5th Circuit seems to have given the Biden admin a partial victory on appeal.