The Fifth Circuit Court of Appeals upheld a ruling that the Deferred Action for Childhood Arrivals (DACA) program is unlawful but declined to order an immediate termination, allowing current recipients to continue renewing their protections.
Key Details of the Ruling
The court agreed with U.S. District Judge Andrew Hanen’s 2021 decision that DACA was unlawfully implemented but modified his ruling in two significant ways:
Nationwide Block Narrowed – The prohibition on new DACA applications will now apply only to Texas, rather than nationwide.
Severability Clause Review – The lower court must reconsider whether DACA’s work permits can be legally separated from deportation protections under the program’s severability clause.
The ruling has not yet taken effect and could change as litigation continues. Advocacy group MALDEF has published a full analysis of the decision.
What Comes Next?
DACA remains in legal limbo, with further challenges likely. The case could be appealed to the U.S. Supreme Court, leaving recipients in uncertainty.
Implications for DACA Recipients
Renewals Still Available – Current beneficiaries can and should renew their DACA status before expiration.
Deadline Warning – Applications filed more than one year after expiration will be treated as first-time requests and will not be processed under the current injunction.
Seek Legal Guidance – Recipients are urged to consult immigration attorneys to explore alternative pathways.
Advocates Vow to Continue Fight
Immigrant rights organizations condemned the ruling as another blow to stability for Dreamers but reaffirmed their commitment to defending DACA.
“This legal back-and-forth is exhausting and unjust,” said one advocacy group. “We stand with DACA recipients and will keep fighting for permanent protections. Everyone deserves safety and the right to live without fear.”
The program, established in 2012, has shielded over 600,000 undocumented immigrants brought to the U.S. as children from deportation. Its future now hinges on further court action or congressional legislation.
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