A federal appeals court on Wednesday sent a case over the legality of a program to protect immigrants brought to the United States illegally as children back to a lower court to consider new rules issued by the Biden administration, even as it sided with the lower court’s ruling against the program.
A panel of three judges from the conservative-leaning 5th U.S. Circuit Court of Appeals affirmed a lower court’s ruling against the program, called Deferred Action for Childhood Arrivals (DACA), but remanded the case in light of new regulation issued in August.
The decision is a mixed one for U.S. President Joe Biden, a Democrat, who said he wants a permanent pathway to citizenship for DACA recipients, often known as “Dreamers.”
The court allowed for the current 594,000 DACA enrollees to maintain their status but continues to block new applications.