Biden Wants DACA Appeal Shelved With New Rulemaking Underway
(Bloomberg) -- The Biden administration asked a federal appeals court to indefinitely suspend the government’s appeal of a Texas judge’s order outlawing protections for undocumented immigrants brought to the country as children, known as dreamers.
It marks the second time in a week the White House has asked the Fifth Circuit in New Orleans to slow-walk an appeal of a major immigration policy challenge. The court on Monday refused to shelve its review of the controversial “Remain-in-Mexico” policy that forces many asylum seekers to wait outside the U.S. while their applications are processed.
Separately, federal immigration authorities told the Fifth Circuit Monday that ongoing changes to the DACA policy would substantially alter issues in the current court challenge, making it a waste of time for the judges to rule in the matter. Homeland Security officials also explained they are undertaking proper public-comment and rulemaking steps skipped by former President Barack Obama in implementing the initial program, which was a key reason the Texas judge declared DACA illegal earlier this year.
“Remain-in-Mexico,” originally put in place by former President Donald Trump, was revived in August by a Trump-appointed federal judge in Amarillo, Texas, after Texas and Missouri accused the Biden administration of improperly terminating it. After filing an appeal, the Biden administration then asked for the proceeding to be put on hold while it drafts rules to replace the policy. The appellate court rejected the request without explanation in an order signed by the administrative court clerk.
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