The Fifth Circuit is being urged by the Biden Administration and a group of Deferred Action for Childhood Arrivals (DACA) recipients to overturn the ruling deeming DACA unlawful. Based on recent U.S. Supreme Court rulings, the group states the program has a chance at being revived. Three high court rulings are noted as having ‘drastically changed the law’ in favor of DACA. Reviewing the previous DACA ruling is being urged.

The high court decisions noted include the United States v. Texas case from June 2024. In summary, the DACA recipients argue that the recent Supreme Court ruling raised the requirements for the states challenging the DACA program to prove their legal case. First, the DACA holders specify the states must meet a higher standard to prove there is a direct link between the harm suffered and the program. Further, the group says the states must meet a higher bar to demonstrate that a favorable court decision is likely to remedy the harm.

The Biden administration argues that although the Fifth Circuit previously ruled against the legality of the DACA memo, recent Supreme Court decisions require the court to reconsider whether the states have standing to sue. They believe these new precedents demonstrate that the states do not have the necessary standing to challenge the DACA program.

The DACA program offers deportation protection and work authorization to unauthorized immigrations who came to the U.S. as children. A September 2023 ruling from U.S. District Judge Hanen found that the Biden administration’s DACA proposal has the same issues as the original program, implemented by the Obama administration. As such, the judge found the program illegal. However, the judge allowed current DACA holders eligibility to renew existing DACA status. No new applicants are being considered for DACA, although individuals can file their petitions.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about the DACA program or any other immigration-related issue, contact us. Our team of experienced attorneys works directly with their clients to ensure they get the right advice for the specific situation.

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