WASHINGTON, D.C. — Today, the 5th Circuit ruled against the Deferred Action for Childhood Arrivals (DACA) program, siding with U.S. District Judge Andrew Hanen’s earlier ruling that the policy is unlawful.
The ruling sends the case back to Judge Hanen to determine the legality of the Biden administration’s new rule fortifying DACA, which is slated to take effect on October 31. The 5th Circuit’s ruling, however, allows about 600,000 DACA recipients to maintain their protections pending a likely appeal to the U.S. Supreme Court, while continuing to block new applicants.
“While the 5th Circuit ruling temporarily keeps protections in place for current DACA recipients, it indicates that DACA’s days are numbered,” said Laurence Benenson, Vice President of Policy and Advocacy at the National Immigration Forum. “The ruling further solidifies the reality that Congress must provide certainty in the form of a permanent legislative solution that would allow Dreamers to stay and work in the country long-term.”
Americans support action from Democrats and Republicans on bipartisan legislation that would offer stability to DACA recipients and their employers, as well as other Dreamers, together with other measures. Nearly 80% of registered voters in a February poll said they would support the two parties “working together on immigration reforms that strengthen border security, create a pathway to citizenship for undocumented immigrants who came to the United States as children, and ensure a legal, reliable workforce for America’s farmers and ranchers.”