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DACA MAY BE OVERTURNED


Today, the 5th Circuit appeals federal court in New Orleans heard the arguments in the case where Republican states asked the court to cancel Obama’s executive order DACA rule from 2012. The fate of 611,000 people with DACA status hangs by a thread. These dreamers are now adults but were brought to the US as children, who still have not been able to legalize. 

While the US Supreme Court in 2020 ruled that then-president Donald Trump had no right to abruptly end DACA, the legal fight has shifted to whether former President Barack Obama had the authority to start DACA in the first place. 

📣 The coalition of Republican-led states (Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia) trying to stop DACA claims a president can’t legally usurp congressional authority to set immigration policy or alter federal programs without following all required rule-making steps. They also complain that DACA grants federal benefits — which the states must pay for — to whole classes of people in the country illegally in violation of immigration law.

The Deferred Action for Childhood Arrivals (DACA) is an immigration relief program that protects eligible immigrants who came to the United States when they were a child from deportation. DACA gives undocumented immigrants deportation protection and a work permit. In order to renew your DACA status, your work permit must be renewed every 2 years.

🧾Stay tuned for updates. To do an evaluation of your personal situation with immigration, call us today! 

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Shepelsky Law Group
Immigration Lawyers for all 50 states
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