A federal appeals court found the Deferred Action for Childhood Arrivals (DACA) unlawful. However, they are allowing current enrollees to renew their status as the matter is sent to a lower court to review a new Biden administration regulation. The panel of three judges from the 5th U.S. Circuit Court of Appeals upheld a lower court’s ruling against the program. However, the introduction of the Biden regulation in August 2022 is sending the case to a lower court for further consideration. The Biden regulation is meant to protect the program from legal challenges and will go into effect on October 31, 2022.

The current 594,000 DACA enrollees are allowed to maintain their status. New enrollees will not be accepted. In the opinion, the judges seem skeptical of DACA’s legality, overall.

The DACA program was enacted under former President Barack Obama in 2012. At that time, U.S. Congress made efforts to create a law to provide a path to citizenship for immigrants arriving in the U.S. as children. The legislation was not passed. As such, President Obama enacted the program. There have been many legal challenges to DACA since its inception. Individuals under the DACA program receive work permits, a Social Security number, and in some states, educational financial aid and other benefits.

The Justice Department stated they plan on continuing to defend the lawfulness of DACA as the case continues its legal journey.

If you have questions about DACA, your immigration status, or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing legal proceedings to ensure our clients get the right advice in order to maximize their chances of a successful outcome.

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