From Inside Higher Ed:
Just a few days before President Donald Trump’s inauguration, the Deferred Action for Childhood Arrivals program was dealt another blow in its long legal saga—though it was a more convoluted and less hard-hitting blow than some undocumented students and their advocates were expecting. Still, the decision, handed down [last] Friday, sparked a mix of tentative hope, disappointment and quite a bit of confusion among DACA supporters, uncertain about its implications. The decision could put DACA on a path back to the U.S. Supreme Court and raises questions about the program’s future.
A three-judge panel for the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed a district court order that DACA is unlawful, a setback to the Obama-era program that protects from deportation undocumented immigrants who were brought to the U.S. as children and authorizes them to work in the country. But the court also limited the lower court’s nationwide injunction blocking parts of the program to just Texas after concluding that, among the states that challenged the program, only Texas proved it had legal standing to do so...
The court also issued a stay, so for now, nothing practically changes for DACA recipients, in or outside of Texas, “pending a further order of this court or the Supreme Court,” according to the decision. No new applications for the DACA program can be processed, which has been the case since U.S. District Judge Andrew S. Hanen ruled against the program in 2021. And those with DACA prior to 2021 can continue to benefit from the program and apply to renew their DACA status...
Nonetheless, the DACA program has been repeatedly under fire since its inception in 2012, and the long-lasting legal battle over the program has made its way to the U.S. Supreme Court twice. The latest decision could pave the way for its third visit to the nation’s highest court if states choose to appeal it...
Full story at https://www.insidehighered.
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