DACA protections remain in place for now, but appeals court orders more review and says it's illegal.
Susana Lujano, left, a dreamer from Mexico who lives in Houston, joins other activists to rally in support of the Deferred Action for Childhood Arrivals program, also known as DACA, at the U.S. Capitol in Washington,June 15, 2022.-- which shields hundreds of thousands of young adult migrants from deportation and permits them to work in the U.S. -- is unlawful.
The appellate judges -- one appointed under President George W. Bush and two appointed by President Donald Trump -- wrote in their ruling that since the federal government has now issued a final rule on DACA after public comment, as required under administrative law, the district court which first sought to strike it down should reassess that view.
Nine largely Republican-led states had challenged the program, arguing its protections for migrants who entered the country illegally created an untenable drain on state resources and that the president had acted beyond his authority in issuing such a sweeping program without lawmakers' approval. Then, in August, the DHS issued a final rule to take effect on Oct. 31 that would largely preserve the eligibility criteria outlined in a 2012 memo by then-Homeland Security Secretary Janet Napolitano, including the requirement that DACA applicants must have arrived in the U.S. before the age of 16 and must have continuously resided in the country for at least five years before June 15, 2012.
With DACA's history of legal scrutiny -- the Supreme Court once deadlocked over it and, in another ruling that was 5-4, blocked Trump from ending it -- experts and advocates alike say the only way to protect its beneficiaries is through congressional action.
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