Federal Appeals Court Rules Against DACA Program

Last week, the U.S. Court of Appeals for the 5th Circuit ruled against the Deferred Action for Childhood Arrivals (DACA) program; a program established during the Obama Administration that would provide deportation protection and work permits for undocumented immigrants brought to the United States as children. The Appeals Court ruled that the Department of Homeland Security does not have the authority to provide protection to immigrants under DACA and that the program was created in violation of procedural rules that require federal agencies to request and consider public comments. The Appeals Court did not comment on the Biden’s Administration’s proposed rule on DACA that was issued in August 2022. Rather, the Appeals Court sent the case back to the District Court for its consideration of the Administration’s final rule on the DACA program.