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Daca recent news1/20/2024 ![]() ![]() In examining the administrative record, Hanen determined the 2022 final rule on DACA was substantively the same as that set out in the 2012 DACA memorandum, finding that both were inconsistent with the Immigration and Nationality Act, the statutory scheme regulating immigration and naturalization. If not, the district court was to find that the Fifth Circuit’s previous holding striking down the 2012 DACA memorandum also applies to the 2022 DACA rule. Court of Appeals for the Fifth Circuit sent the district court a “very specific, limited remand” to determine “whether there are material differences” between the 2022 DACA rule and the 2012 DACA memorandum. Whether there were material differences between the 20 DACA policies Current DACA recipients can continue to work legally in the U.S., be protected from deportation, and renew their status, at least temporarily, as litigation over the DACA policy continues. ![]() Consistent with previous decisions, Judge Hanen continued to stay (pause) the injunction and order vacating DACA rules for current DACA recipients. ![]() While the 2022 rulemaking process – formal “notice-and-comment” rulemaking – may have satisfied the procedural deficiencies of the 2012 memorandum, Hanen determined that substantively there were “no material differences between the two programs” and that the final rule “suffers from the same legal impediments” as the 2012 memorandum. District Court Judge Andrew Hanen held that the new DACA rule, which was intended to fortify DACA, was therefore unlawful. In determining that the Biden administration’s 2022 final rule on DACA was not materially different from the 2012 Department of Homeland Security (DHS) memorandum establishing DACA, U.S. The ruling rests on grounds similar to an earlier decision in October 2022 from the U.S. District Court for the Southern District of Texas ruled against Deferred Action for Childhood Arrivals (DACA), holding that the program was unlawful. ![]()
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