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Appeals court rules DACA was illegally created under Obama, but program to remain intact for now

A federal appeals court ruled Wednesday that the DACA program to protect illegal immigrant “Dreamers” was created illegally by the Obama administration a decade ago, upholding a lower court’s decision to erase the program.

But the three-judge panel said its ruling doesn’t apply to the new version the Biden administration announced this year.

The judges sent the entire matter back to the lower-court judge to evaluate.

And the 5th U.S. Circuit Court of Appeals kept in place a partial stay, meaning the current DACA program will remain running while the case works through the court system.