Appeals court holds DACA is illegal

The 5th Circuit Court of Appeals upheld the ruling by a lower court that had ruled that DACA is illegal.  Essentially, the basis of the ruling is that President Obama did not use the proper administrative process to institute DACA in the first place.   Despite the ruling, current DACA holders will not be affected and they can continue to renew their DACA status.  The ruling only really affects new DACA applications at this point.   President Biden did issue new regulations that will go into effect at the end of this month.  The purpose is to fix the “defects” that the lower court had found; i.e., the defects that rendered DACA “illegal” according to the court.   The Federal government is expected to appeal the decision to the Supreme Court.