In what was expected by many on Capitol Hill, a federal appeals court ruled that the Obama administration didn’t have the authority to institute the Deferred Action for Childhood Arrivals (DACA) program BUT declined to dismantle it, allowing more than 600,000 immigrants to continue to enjoy its unconstitutional protections.
In preparation for the ruling, Biden signed a new order, similar to Obama’s, but which included a requirement that public comments would be heard on the issue, one of the reasons DACA was struck down.
The Fifth Circuit court held that DACA was unlawfully enacted because it did not undergo the notice and comment procedure required by the Administrative Procedure Act (APA).
“DACA created a detailed, streamlined process for granting enormously significant, predefined benefits to over 800,000 people,” Fifth Circuit Chief Judge Priscilla Richman wrote. “This constitutes a substantive rule. Because DACA did not undergo notice and comment, it violates the procedural requirements of the APA.”
Although the Fifth Circuit determined DACA was unlawful, the three-judge panel remanded the case back to U.S. District Judge Andrew Hanen’s court in light of a recently enacted Biden administration regulation.
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