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The Fifth U.S. Circuit Court of Appeals ruled in Texas vs. USA on Jan. 17 that the Deferred Action for Childhood Arrivals (DACA) Final Rule is “substantively unlawful,” but will maintain status quo with DACA’s policy of forbearance and limit its injunction to Texas only.
Key Points:
Additional Information: DACA specifically offers removal protections and work permit eligibility to immigrants who arrived in the country without authorization as children and were 30 or younger when it was launched in 2012. In 2021, a district court held that Texas has standing to challenge DACA and that DACA is procedurally and substantively unlawful. The court halted the program and enjoined the government from approving any new DACA applications but stayed the effective date of its vacatur to all DACA recipients who had received their initial DACA status before the date of the order. In 2022, the Fifth Circuit appellate court affirmed in part and remanded because DHS had cured DACA’s procedural defect by promulgating a Final Rule.
This alert has been provided by the BAL U.S. Practice Group.
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