TBA Law Blog


Posted by: Stacey Shrader Joslin on Oct 7, 2022

The 5th U.S. Circuit Court of Appeals said this week that a federal district judge in Texas should take another look at the Deferred Action for Childhood Arrivals (DACA) program now that revisions were adopted in August. The ruling leaves the future of the program up in the air, National Public Radio reports. The appeals court upheld U.S. District Judge Andrew Hanen's initial decision but sent the case back to him to consider new rules issued by the Biden administration that are to take effect Oct. 31. Hanen ruled last year that the program was illegal because it was not subject to public notice and comment periods required under the Administrative Procedures Act. However, he left it temporarily intact for those already benefiting from it pending the appeal.