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Immigration Law

Expert on Fifth Circuit DACA Decision

Jorge Cancino, Univision, Oct. 6, 2022

"The future of the nearly 700,000 beneficiaries of the 2012 Deferred Action for Childhood Arrivals (DACA) program remains uncertain following the ruling issued Wednesday by the New Orleans-based 5th Circuit Court of Appeals…...“The 5th Circuit Court of Appeals ruled that the challenge to the DACA program must come back for further review by a lower court” (the Southern District Court of Texas), says Stephen Yale-Loehr, professor of Immigration practice at Cornell University School of Law, New York. “Former President (Barack) Obama started the DACA program in 2012. The program temporarily protects some 700,000 young immigrants known as dreamers from deportation and provides them with work permits” (temporary, renewable every two years). Yale-Loehr further explains that, in the decision, the 5th Circuit Court of Appeals “held that the DACA program is illegal (upheld the 2021 Texas ruling), but remanded the case to the federal trial court (Texas). to determine if a new DACA rule issued this year by the Biden administration made any difference to the legality of the program.” The judges' panel of the 5th Circuit Court of Appeals "prevents immigration officials from deporting DACA recipients until a final decision in the case," he added. Yale-Loehr also said that “the decision protects existing DACA recipients” (about 700,000), who can “continue to renew their status. But the uncertainty about the fate of the program remains. Congress should enact a legislative solution.”…."