Appeals court orders another review of revised 'DACA' – POLITICO

DACA was adopted by former President Barack Obama’s administration and has had a complicated ride through federal court challenges. Texas-based U.S. District Judge Andrew Hanen last year declared DACA illegal. He found that the program had not been subjected to public notice and comment periods required under the federal Administrative Procedures Act. But he left the program temporarily intact for those already benefiting from it, pending the appeal. “Current DACA recipients can renew their status and apply for advance parole, but the ruling continues to block new applicants from being granted DACA,” the Immigrant Legal Resource Center, an advocacy organization, said in a statement. The organization was among advocates renewing calls Wednesday for the Biden administration and Congress to protect DACA recipients. Wednesday’s ruling by three judges of the New Orleans-based 5th Circuit upholds the judge’s initial finding. But it sends the case back to him for a look at a new version of the rule issued by the Biden administration in late August. The new rule takes effect Oct. 31. “A district court is in the best position to review the administrative record in the rulemaking proceeding,” said the opinion by Chief 5th Circuit Judge Priscilla Richman, nominated to…
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