On January 17, 2025, the Fifth Circuit Court of Appeals partially upheld a U.S. district court ruling that found certain protections for those with Deferred Action for Childhood Arrivals (“DACA”) to be illegal. The appeals court in State of Texas, et al. v. U.S.A, et al., 23-40653 (5th Cir. 2025), found that portions of the DACA program violated U.S. immigration law.
The Fifth Circuit ruled that major parts of the Biden Administration’s DACA rule is unlawful because they are inconsistent with the federal Immigration and Nationality Act. However, the Fifth Circuit limited the effect of its ruling in several important ways. First, the Fifth Circuit allowed current DACA recipients to apply to renew their DACA while the case is on appeal. This means current DACA recipients can continue to apply to DHS to renew their DACA grants. Second, the Fifth Circuit decided that the relief in this case is limited to Texas. This means that the ruling that strikes down parts of DACA applies only to people in Texas. Third, the Fifth Circuit permitted federal officials to classify DACA recipients as low priorities for removal and to not remove them.
In 2021, U.S. District Court Judge Andrew Hanen held that the state of Texas had standing to challenge DACA and that DACA was procedurally and substantively unlawful. Judge Hanen halted the DACA program and enjoined the government from approving any new DACA applications nationwide. Judge Hanen stayed his decision as it applied to individuals who already had approved DACA, allowing them to continue renewing those benefits. In 2022, the Fifth Circuit affirmed the decision in part and remanded in part because, by then, the U.S. Department of Homeland Security had cured the procedural defect in DACA by promulgating a Final Rule in the federal register.
The Fifth Circuit’s January 17th decision rebuked DHS’s Final Rule. The court of appeals agreed with the district court that the portions of DACA that confer lawful status and provide employment authorization violate the Immigration and Nationality Act’s comprehensive scheme for regulating immigration.
However, the Fifth Circuit significantly narrowed the scope of the district court’s remedy. The district court had ordered a nationwide injunction against DACA approvals. The Fifth Circuit, noting that only Texas had demonstrated standing to challenge DACA, limited the geographical scope of the injunction to the State of Texas.
If the Fifth Circuit’s decision takes effect, residents of Texas will be unable to obtain work authorization or lawful presence through DACA. The issue of whether Texas DACA recipients will continue to be able to obtain forbearance from removal may be addressed by the district court on remand. Residents of other states would not be affected by the injunction and could receive benefits and forbearance.
The Fifth Circuit maintained the stay that protected people already granted DACA. Thus, pending the final outcome of the case, previously approved Texas residents can continue to receive benefits. However, while the stay remains in place, the federal government is prohibited from approving new DACA applications, regardless of the state of residence of the applicants.
Implications for Dreamers
DACA clients who are located outside of Texas are still protected by the DACA policy for the time being. The Fifth Circuit found that DACA-related work authorizations could be legally separated from DACA’s protections from deportation, remanding that issue back to District Court Judge Hanen. AILA members are encouraged to continue assisting their clients in applying for DACA and submitting renewal applications for DACA recipients.