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The U.S. Court of Appeals for the Fifth Circuit on Wednesday held that the 2012 memorandum that created Deferred Action for Childhood Arrivals (DACA) was unlawful. However, the court sent the case back to a lower court, asking a trial judge to consider the legality of DACA regulations the Biden administration issued in late August.
Key Points:
BAL Analysis: Today’s ruling does not change the status quo for current DACA beneficiaries, but given the uncertainty around the litigation, individuals are urged to renew their DACA and related employment authorization as soon as possible. BAL will continue to monitor the ongoing litigation closely and provide updates on important developments related to DACA.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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