Court of Appeals Orders Review of Revised DACA

The ruling leaves the future of the postponed action for the arrival of children up in the air for now.

NEW ORLEANS — A federal appeals court on Wednesday ordered a lower court review of the Biden administration’s revisions to a program to prevent deportation hundreds of thousands of immigrants brought to the United States as children.

“It appears that the status quo remains for DACA,” said Veronica Garcia, an attorney for the Immigrant Legal Resource Center, an advocacy group.

DACA was taken over by the administration of former President Barack Obama and has had a complicated journey through challenges in federal courts.

Texas-based US District Judge Andrew Hanen last year declared illegal by DACA. But he left the program temporarily intact for those already benefiting, pending appeal.

The verdict by a panel of three judges Wednesday in the 5th Circuit Court of Appeals in New Orleans upholds the judge’s original finding. But it is sending the case back to him for a look at a new version of the rule issued by the Biden administration in late August.

“A district court is best placed to review administrative record in the rulemaking process,” the opinion said. Court of Appeals Orders Review of Revised DACA

Laura Coffey

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