Feds Can't Put DACA Challenge On Hold For Rulemaking

By Grace Dixon (October 18, 2021, 6:01 PM EDT) -- The Fifth Circuit refused to freeze the Biden administration's appeal of a lower court order stopping the federal government from approving new applications under the Deferred Action for Childhood Arrivals program while it inks a replacement rule.

The government said a stay was needed to give it time to firm up the details of a rule that would supersede the original 2012 edict, saying the final replacement would shape how the rest of the appeal plays out.

Circuit Judge Stuart K. Duncan declined the contested motion in a single-sentence order Friday, with no explanation.

The Fifth Circuit appeal was launched by...

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