NEW ORLEANS — A federal appeals court on Wednesday ordered a lower court to reconsider government reviews. Joe Biden In a plan to prevent the deportation of hundreds of thousands of immigrants who were taken as children America. This move maintains protection for beneficiaries but prevents entry of new candidates.
The U.S. Fifth Circuit Court of Appeals said in August that a federal judge in Texas should take a fresh look at the program following amendments adopted by the Democratic administration. The decision puts on hold the future of a program called Deferred Action for Childhood Arrivals (DACA), created by the former president. Barack Obama.
“It’s long past time for Congress and Biden to deliver on their promises to ensure permanent security for ‘Dreamers’ (known as the program’s beneficiaries), including a path to citizenship,” an advocacy group from the families said in a statement about the so-called DREAM Act, which never passed in Congress.
Since its inception, DACA has followed a complicated path through federal court challenges. Last year, the program was also ruled illegal by US District Judge Andrew Hannon. According to Hanen, the plan was not subject to public notice periods required by the Federal Administrative Procedures Act.
The decision temporarily does not affect DACA for those who already benefit from it, pending an appeal. “Current DACA recipients can renew their status and apply for early parole, but the ruling continues to prevent new applicants from receiving DACA,” the Immigrant Legal Resource Center, an immigrant advocacy organization, said in a statement. The organization was among those who argued Wednesday that the Biden administration and Congress should protect DACA recipients.
Wednesday’s ruling, handed down by three New Orleans-based Fifth Circuit judges, upholds the judge’s initial decision but sends the case to him to consider a new version of the rule issued by the Biden administration in late August. The new rule will come into effect from October 31.
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The new rule’s 453 pages are mostly technical and represent some substantial changes from the 2012 memorandum that created DACA, but have come under public scrutiny as part of a formal process designed to improve the chances of surviving a legal challenge.
In arguments filed in July with the Fifth Circuit, the U.S. Justice Department supported the plan, joined by the state of New Jersey, immigrant advocacy organizations and a coalition of dozens of powerful companies, including Amazon, Apple, Google and Microsoft.
DACA recipients have grown into productive drivers of the U.S. economy, maintaining and creating jobs and spending money in the country, they argued.
Texas, along with eight other Republican-leaning states, argued that when immigrants are allowed to stay in the country illegally, they suffer financially and spend hundreds of millions of dollars on medical, education and other expenses.
They also argued that the White House had overstepped its authority to grant immigration concessions that Congress could decide. /ap
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