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The U.S. Justice Department has asked a federal court to dismiss a case challenging Deferred Action for Childhood Arrivals, citing a recent U.S. Supreme Court ruling.
Key Points:
Additional Information: District Court Judge Andrew Hanen is hearing the DACA case after the Fifth Circuit Court of Appeals ruled that the memorandum that created DACA in 2012 was unlawful but also asked the district court to consider the legality of a Biden administration rule to protect DACA. The Biden administration constructed the rule to “preserve and fortify” DACA, but the states challenging the program say it “suffers the same flaws” as the 2012 memorandum.
Currently, the Department of Homeland Security continues to adjudicate renewal applications (both DACA and employment authorization) and advance parole requests for existing DACA recipients; the agency remains prohibited from granting initial DACA requests and accompanying requests for employment authorization. BAL will continue to monitor the ongoing litigation and will provide updates on important developments related to DACA.
This alert has been provided by BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
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