The Fifth Circuit court affirmed a lower court ruling finding the Deferred Action for Childhood Arrivals (DACA) program is unlawful. However, the circuit court found the ruling applies solely to Texas at this time as it is the only state to prove injury due to the program. The circuit court did not support a nationwide ban, as the lower court suggested. The circuit court is suspending their ruling at this time, awaiting another ruling by the Fifth Circuit or the Supreme Court. For now, renewals are allowed to continue.
DACA provides protection from removal and offers employment authorization to hundreds of thousands of immigrants without a legal status who came to the U.S. as children. The circuit court found benefits – protection from removal and employment authorization – could be legally separately. The Biden administration suggested removal protections could remain intact, even if work authorization is removed, which was ultimately upheld by the three-judge panel.
The program, introduced during the Obama administration in 2012, has faced a long stream of legal actions since it’s inception. The Biden administration suggested a new program, which is the subject of this action. The fifth circuit found the Biden program is materially identical to the Obama proposal, which was found to be unlawful. DACA provides hundreds of thousands of undocumented immigrations a legal status to remain in the country and work. To qualify, individuals must meet three criteria: arrival in the U.S. before their 16th birthday and prior to June 2007, graduated from an American high school or a member of the military, and must not have a serious criminal record.
The likely next legal action is consideration by the U.S. Supreme Court. However, it’s unclear how President Trump will approach the program. In his previous presidency, Mr. Trump tried to strike down the program. In 2020, the Supreme Court found the program could continue, finding technical issues with the termination argument.
As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about DACA or any family-based or employment-based immigration issue, contact us. Our clients work directly with attorneys to ensure they get the right advice for their specific situations.
