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In a unanimous ruling, athree-judge panel of the 5th US Circuit Court of Appealsruled that the policy was unlawful but said that a federal judge in Texas had erred in concluding that the entire program should be halted nationwide. The court instead narrowed the injunction against part of the program so it would only apply to Texas.

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“Because (Department of Homeland Security) intended the aspects of DACA to be severable and to function independently from one another, the district court erred by not severing the forbearance provisions from the work-authorization provisions,” Judge Jerry Smith, Ronald Reagan appointee, wrote in the ruling.

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“It’s striking down that part of the DACA rule that makes DACA recipients eligible for work authorization consideration,” Perales said.

“That answer is not provided in the decision,” Perales said, when asked whether the ruling would strip work permits away from DACA recipients. “It’s unlikely that it means a sudden end to work authorization, given that even Texas in the case was asking for a wind down.”

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