5TH Court decision is in - Page 2

U.S. appeals court sends DACA case back to lower court to consider new rules

WASHINGTON, Oct 5 (Reuters) - A federal appeals court on Wednesday sent a case over the legality of a program to protect immigrants brought to the United States illegally as children back to a lower court to consider new rules issued by the Biden administration, even as it sided with the lower court's ruling against the program.

A panel of three judges from the conservative-leaning 5th U.S. Circuit Court of Appeals affirmed a lower court's ruling against the program, called Deferred Action for Childhood Arrivals (DACA), but remanded the case in light of new regulation issued in August.

The decision is a mixed one for U.S. President Joe Biden, a Democrat, who said he wants a permanent pathway to citizenship for DACA recipients - often known as "Dreamers."

The court allowed for the current 594,000 DACA enrollees to maintain their status, but continues to block new applications.

https://www.reuters.com/legal/us-app...es-2022-10-05/

Mod Edit: Added article text.

They did declare it illegal but remanded and sent it back to the lower court because of the new DACA rules.

Someone correct me if im wrong

Basically original 2012 memo was illegal, but new rule they have not made any decision on yet

@ellengilmer
Crux of opinion is here. Appeals court declines to review legality of new DACA reg, lacking administrative record. Focuses only on DACA memorandum from 2012 (agrees with district court on substantive and procedural issues there)

@steve_vladeck
Fifth Circuit holds that the 2012 version of DACA violates the Administrative Procedure Act, but remands challenge for further proceedings in light of the Biden Administration’s August 2022 revised DACA rule.

This is so confusing…

https://www.reuters.com/legal/us-app...es-2022-10-05/

So basically they are upholding Hanen’s ruling that NO new applications but renewals can continue. DACA forever lol

Old DACA bad and allows renewals and will continue, the new one has entered their crosshairs already for elimination.

doesnt change the fact we are royally fked either way for sure once both get to the SCOTUS.

Does anyone know if Hanen would expedite this? Like what is a timeline? Im guessing the Supreme Court would probably hear the case in Summer 2023.

they only sent DACA one level back again to be put together with the new regulation so both can be killed at the same time once they kick it all the way to SCOTUS, this possibly bought us enough time until Trump comes back. Hanen is not an idi0t, he want to give the DACA win to Trump.

any urgency can possibly make something happen for DACA but under controlled circumstances we can actually get fixed, and the only one with the potential to get something done like it or not is under Trump.

Good thing they are not allowing new applications, i can only imagine the immigrant wave this could of triggered and all the lives that could of been lost attempting to cross the border.

The appeals court preserved the stay in its ruling Wednesday.

"We also recognize that DACA has had profound significance to recipients and many others in the ten years since its adoption. Given the 'uncertainty of final disposition' and the 'inevitable disruption that would arise from a lack of continuity and stability,' we preserve the stay as to existing recipients," the ruling reads.