DACA Case Revisited by Fifth Circuit Amid Uncertainty for 535,000 Recipients

A federal appeals court is set to hear arguments in a critical case that may decide the fate of hundreds of thousands of individuals and their ability to work and stay in the United States. On October 10, the Fifth Circuit Court of Appeals will reconsider the case challenging the Deferred Action for Childhood Arrivals (DACA). Since 2012, DACA has protected over 830,000 individuals who arrived in the United States illegally as children from deportation and provided them with renewable work permits.

Background of the DACA Legal Battle

The ongoing legal battle over DACA, which was implemented through executive action by President Barack Obama and never approved by Congress, began in 2018. This was when Texas and eight other Republican-led states filed a lawsuit, arguing that the Obama administration had exceeded its authority by creating an immigration program without congressional approval. In July 2021, U.S. District Judge Andrew Hanen ruled in favor of the states, declaring DACA unlawful. However, he did not terminate the program, stating that "hundreds of thousands of individual DACA recipients, along with their employers, states and loved ones, have come to rely on the DACA program." According to Hanen's ruling, federal immigration officials could continue processing DACA renewals, but they were prohibited from accepting first-time applications.

Appeals and Further Developments

The Biden administration appealed the decision, and in October 2022, the Fifth Circuit agreed with Hanen that Obama’s 2012 memo creating DACA was unlawful. However, it allowed current DACA recipients to continue renewing their status and sent the case back to the district court to assess the impact of a Biden administration policy that incorporated DACA into the federal regulations. Soon after, Hanen ruled against the 2022 DACA regulation, but stopped short of ordering an immediate end to the program. The federal government has since appealed, and the case is now once again before the Fifth Circuit. The three-judge panel is unlikely to issue a ruling immediately following the October 10 oral arguments. A decision could take weeks or even months, and any outcome is likely to be appealed to the U.S. Supreme Court.

Possible Supreme Court Involvement

If the case reaches the Supreme Court, it would be the second time in four years that the legality of DACA is heard by the nation’s highest court. In June 2020, the Supreme Court ruled 5–4 to preserve DACA, finding that President Donald Trump’s administration had acted arbitrarily in his efforts to terminate the program. The Mexican American Legal Defense and Educational Fund (MALDEF), a nonprofit legal group representing DACA recipients in the case, anticipates the Supreme Court to take up the case during its October 2025 term. However, if the Fifth Circuit issues a ruling sooner, the case could be heard as early as the current term, with a decision by June 2025. MALDEF stated on its website, "It’s important to note that even if the Fifth Circuit rules DACA is unlawful, it won’t necessarily order an immediate end to DACA, but could permit current recipients to continue to renew."

Current DACA Status

According to the latest data from U.S. Citizenship and Immigration Services (USCIS), more than 535,000 people in the United States have active DACA status as of June. Most recipients are between the ages of 31 and 40. The majority of DACA recipients are from Mexico, with approximately 81 percent (433,840) born there. El Salvador, Guatemala, Honduras, and Peru round out the top five countries of origin. DACA beneficiaries are spread across the United States but are heavily concentrated in states that are traditional immigrant destinations. California (150,090) and Texas (89,360) together account for 44 percent of all DACA recipients, followed by Illinois (28,330), New York (21,250), and Florida (21,170). These top five states have remained unchanged since 2017. At the local level, the Los Angeles metropolitan area has the largest concentration of DACA recipients, with over 10 percent living there. Other major metroplexes, such as New York, Dallas, Houston, and Chicago, each host around 30,000 DACA participants.

DACA's Limitations

While DACA protects recipients from deportation and provides work authorization, it does not offer a pathway to permanent residency or U.S. citizenship. According to the USCIS, DACA is not a lawful immigration status but rather classifies recipients as low-priority for removal. The USCIS stated on its website, "Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only Congress, acting through its legislative authority, can confer these rights."

Bottom Line

The fate of DACA and its recipients hangs in the balance as the case returns to the Fifth Circuit. The outcome could have significant implications for hundreds of thousands of individuals and their ability to work and stay in the United States. As the legal battle continues to unfold, it serves as a stark reminder of the complexities and challenges surrounding immigration policy. What are your thoughts on this matter? Feel free to share this article with your friends and engage in the discussion. Remember, you can sign up for the Daily Briefing, which is available every day at 6 pm.