Federal Appeals Court Rules That DACA Program Is Illegal, Orders Review of Biden’s Final Rule
Federal Appeals Court Rules That DACA Program Is Illegal, Orders Review of Biden’s Final Rule

By Mimi Nguyen Ly

A federal appeals court on Wednesday ruled that the Deferred Action for Childhood Arrivals (DACA) program, which shields certain immigrants who came to the United States illegally as children from deportation, is illegal.

The ruling by the 5th Circuit Court of Appeals on Wednesday (pdf) affirms a decision in July 2021 by a Texas federal judge—U.S. District Judge Andrew Hanen—who declared the DACA program illegal and blocked new applications but kept the policy intact for current beneficiaries. The appeals court similarly left the DACA program intact for current beneficiaries, which means current DACA recipients can continue to file renewal applications.

The appeals court on Wednesday also sent the case back to Hanen to have him review a revised set of rules that the Biden administration announced in August, to determine its legality.

The Biden administration’s new final rule to “preserve and fortify” DACA codifies the existing policy, with limited changes, into federal regulation. It was subject to public comments as part of a formal rule-making process intended to improve its chances of surviving lawsuits challenging it. It’s set to be effective Oct. 31 to replace the 2012 Department of Homeland Security (DHS) memorandum that had created DACA.

The latest court decision comes as part of an ongoing lawsuit filed by Texas and other Republican-controlled states in 2018 that argued that the Obama administration lacked the authority to create DACA.

Policy Not Authorized by Congress: Rulings

Since its creation in 2012, DACA has granted an estimated 800,000 illegal immigrants protection from being deported from the United States. The immigration program was established via a DHS memorandum in 2012, under President Barack Obama’s administration. It gives eligible recipients, known as “dreamers,” a renewable, two-year reprieve from deportation, as well as work authorization and access to social security.

In 2017, President Donald Trump announced he would rescind DACA, but court rulings and the Biden administration have kept DACA in place.

Hanen, in his decision in July declaring DACA illegal, had stated that DACA goes against the Constitution given that Congress never provided the executive branch authorization to grant deportation reprieves to illegal immigrants in the United States.

Chief Judge Priscilla Richman of the 5th Circuit of Appeals wrote in the opinion on Wednesday: “The district court’s excellent opinion correctly identified fundamental substantive defects in the program. The DACA memorandum contracts significant parts of the [Immigration and Naturalization Act].”

She added: “DACA creates a new class of otherwise removable aliens who may obtain lawful presence, work authorization, and associated benefits. Congress determined which aliens can receive these benefits, and it did not include DACA recipients among them.

“We agree with the district court’s reasoning and its conclusions that the DACA Memorandum contravenes comprehensive statutory schemes for removal, allocation of lawful presence, and allocation of work authorization.”

In sending the case back to the lower court, Richman wrote: “A district court is in the best position to review the administrative record in the rulemaking proceeding and determine whether our holdings as to the 2012 DACA Memorandum fully resolve issues concerning the Final Rule.”

The Justice Department under the Biden administration did not immediately signal whether it would appeal the latest decision. If it files a formal appeal, the case would go to the U.S. Supreme Court.

Affiliate News Feeds

  • Reuters
  • Washington Examiner
  • The Federalist
  • The Epoch Times
  • The Guardian
  • The Gateway Pundit
  • Judicial Watch

By Tom Ozimek Elon Musk suggested that Twitter was acting under government orders to suppress free speech, with his remarks coming hot on the heels of the release of a trove of… [...]

By The Associated Press PALMDALE , Calif.—America’s newest nuclear stealth bomber made its debut Friday after years of secret development and as part of the Pentagon’s answer to rising concerns over a future… [...]

Union workers are lashing out at both political parties and President Joe Biden for the rail legislation signed to prevent a strike, calling the provisions a "slap in the face"… [...]

A former professor at the University of California San Diego said she gave all of her students "A" grades and no homework in a recently unearthed video. [...]

Usually when a person defrauds investors of millions of dollars and launders the funds to personal pet projects, he goes to jail. (See: Bernie Madoff.) But in FTX founder Sam… [...]

Insider documents released on Friday confirm Twitter’s decision to suppress the New York Post’s legitimate reporting about Hunter Biden’s laptop mere weeks before the 2020 presidential election was a political… [...]

Actor James Woods said he plans to sue the Democratic National Committee (DNC) after Elon Musk shared explosive “Twitter Files” disclosures appearing to show that the DNC asked Twitter to… [...]

Arizona Republican candidate for governor Kari Lake said “stay tuned” as the Copper State is going to officially certify the controversial gubernatorial race between her and Katie Hobbs on Monday. Lake, who… [...]

While health secretary Steve Barclay says he will not negotiate, unions suggest the compromise reached in Scotland could help avert strikesMinisters were under intense pressure last night to open new… [...]

Michael Lockwood, director general of IOPC since 2018, leaves post with immediate effectThe head of the police watchdog, Michael Lockwood, resigned amid an investigation into a historical allegation, the home… [...]

In Elon Musk’s most recent Twitter Space, Musk shared how he felt about Ye’s recent Twitter ban. The usually calm and collected Musk let out a rare burst of raw… [...]

Representative Maxine Waters has nothing but nice things to say about disgraced FTX owner Sam Bankman-Fried who is responsible for millions of people losing their crypto investments overnight. In a… [...]

Secret Service Repeatedly Changes Its Story on Hunter Biden Gun Records What is the Secret Service Hiding about Biden Raid on Trump’s Home? Judicial Watch Sues to Find Out! Judicial… [...]

From Fox News: The Secret Service will not say why they changed their position regarding a government watchdog’s records request into Hunter Biden’s gun investigation records. Government watchdog Judicial Watch… [...]

NH Politician

NH POLITICIAN is owned and operated by USNN World News Corporation, a New Hampshire based media company specializing in the collection, publication and distribution of public opinion information, local,...