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FIFTH CIRCUIT COURT OF APPEALS KEEPS THE DACA PROGRAM THE SAME (AT LEAST FOR NOW)

Breaking news: the Fifth Circuit Court of Appeals ruled that the DACA program violates

the Administrative Procedure Act. The Court sent the case back to the District Court in light of

the newly published DACA regulation. Current DACA recipients continue to be protected

from deportation, and their employment authorization continues to be valid. The Court

allowed for DACA renewals to continue to be accepted, but no new DACA applications are

allowed. This Decision is likely to be challenged in the U.S. Supreme Court, but most likely

after the District Court rules on the remanded case.

On October 5, 2022, a three-judge panel for the 5th Circuit Court of Appeals published a

decision regarding the legality of the Deferred Action for Childhood Arrivals (DACA) program.

The Court upheld the District Court’s decision that the DACA program is unlawful, but stayed

its ruling and remanded the case back to the District Court in light of the government’s recent

publication of a regulation codifying DACA. This means that current DACA recipients are

protected from deportation and can continue working and renewing their work permits.

However, the stay does not apply to new DACA applications, which are still not allowed. If you

have any questions about the DACA program, please call our office at 719-602-4477 for a

confidential consultation.