Citing a June 2023 Supreme Court ruling, the Biden Administration filed an appeal to overturn a district court ruling that found the administration’s Deferred Action for Childhood Arrivals (DACA) program unlawful. This is the latest in a series of legal actions to overturn DACA ruling.

Texas and a group of eight additional states challenged the Biden administration’s DACA program citing public cost impact. A district court found in favor of the group of states in September 2023. However, in June 2023, the Supreme Court found that states cannot challenge federal immigration enforcement on the basis is public costs. The Biden administration is citing this Supreme Court ruling as the basis to overturn the district court ruling.

In their appeal, the administration also notes that the justices rejected the arguments used by the Texas-led states.

  • The states qualify for an exception to the policies under the Administrative Procedure Act,
  • The states costs to provide social services to DACA recipients gives them a basis to argue the program, and
  • They are protecting the citizens of their states as the federal government is failing to do by allowing DACA.

The Biden administration presented an updated DACA program in 2021 that specifically addressed issues identified by the district court when ruling against the Obama-era program. Upon appeal, the Circuit Court upheld the lower court ruling over the Obama-era plan but sent the Biden administration plan back to the lower court for review. The district court found the Biden program unlawful in September 2023.

This is the latest in a long series of legal battles over the DACA program.

As always, ILBSG actively monitors ongoing U.S. immigration topics. If you have questions about any U.S. immigration-related issue, contact us. Our team of experienced attorneys work directly with clients to ensure they get the right advice.

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