JUST IN: Fifth Circuit Blocks Biden DACA Regulations for Texas Only - Page 2

Originally Posted by PapiChulo

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.

Originally Posted by PapiChulo

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.

Originally Posted by PapiChulo

I hope all these developments regarding immigration constitute action.

Originally Posted by Copper

I hope so too! I also believe that if the courts wanted to terminate the program, they would have done so years ago. The fact that the program is still in place suggests that there is a reason for its continuation.

We have been making positive contributions and have invested a lot into this program, so dismantling it would not be beneficial for anyone involved. Perhaps this is why Donald Trump has also softened his stance on DACA - we are not bad people.

Originally Posted by ceaguila

The problem is Stephen Miller, the NYT did a profile on him yesterday. He's basically the one in charge of everything.

Originally Posted by PapiChulo

So does this mean the 49 states are restored to FULL DACA?

Originally Posted by ceaguila

The problem is Stephen Miller, the NYT did a profile on him yesterday. He's basically the one in charge of everything.

Originally Posted by Copper

Geographical Limitation of Injunction: While the appeals court upheld a nationwide injunction against new applicants for DACA, it limited this injunction’s application to Texas only. This means that while new applications cannot be processed in Texas, other states may still have different interpretations or implementations regarding DACA.

Stay for Current Recipients: The court’s decision also noted that current DACA recipients—those enrolled before the district court’s order—would remain protected under a stay provision. This means they can continue to renew their status and work authorization until further legal developments occur.

Overall, I believe that this ruling is more favorable to us compared to other possible outcomes. I also think that the Supreme Court may be sympathetic to our case.