WACO, Texas (FOX 44) — Wednesday night a federal appeals court upheld a lower court’s ruling that the DACA program unlawful. But the judges did ask the lower court to take a second look at the program after the Biden Administration made revisions.

The lower court will review changes which will go into effect October 31st. Current DACA recipients can still renew their applications.

Wednesday’s ruling sent the case back to a lower court to consider a new Biden Administration regulations.

“It’s not in DACA itself that it would be found unconstitutional. But the way that the Obama administration administered or put DACA into play,” says J.R. Gonzales, with the Texas Association of Mexican of American Chambers of Commerce.

The new rule aims to strengthen the program against legal challenges.

“For that to occur, the lower court is actually looking at to see if by doing it that way, if it’s going to be constitutional or not,” says Gonzales.

So how will this ruling impact DACA recipients? J.R Gonzales with the Texas Association of Mexican American Chambers of Commerce shares his thoughts on how this ruling can go.

“If this passes at any point, then DACA recipients can continue working, they continue going to school, they can continue with their lives and have the protection of not being deported,” says Gonzales.

But if this ruling fails? Gonzales says the future of over one hundred thousand Texas DACA recipients goes up in the air.

“With a lack of workers. It would be just kind of foolish, in my opinion, to try to come up with a program just to send all DACA recipients and all dreamers and send them back to their country of origin,” says Gonzales.

The new rule will be effective on October 31st.

“Through this process, whether it be through the courts or whether it be through whatever means necessary that these united states can come together and recognize the value of immigrants. Because this country is built on immigrants,” says Gonzales.