Dear Karen,

As you may know, yesterday, the Fifth Circuit issued a decision in Texas v. USA that affirmed the district court’s conclusion that the 2012 memorandum creating DACA was procedurally and substantively unlawful. The Court declined, however, to consider the legality of the DACA regulation issued in August. Instead, the Fifth Circuit decided to remand (return) the case back to the district court so that Judge Hanen can consider the legality of the new DACA regulation in the first instance.

The Fifth Circuit maintained the status quo regarding the DACA program generally: existing DACA recipients can continue renewing their DACA for the time being, but the federal government is prohibited from granting DACA to first time applicants, even if they meet the eligibility criteria.

Below and online is JAC's statement on yesterday's ruling: 

Fifth Circuit Sides with Texas in Challenge of DACA, Finds the Program Unlawful

JAC Urges for Permanent Solutions to Protect Undocumented Youth

FOR IMMEDIATE RELEASE

NEW ORLEANS—Today, the Fifth Circuit Court of Appeals sided with the State of Texas in Texas v. USA, the federal case challenging the Deferred Action for Childhood Arrivals (DACA) program. Below is a statement from Karen Tumlin, founder and director of Justice Action Center:

“Today’s Fifth Circuit’s ruling on DACA is yet another example of efforts by elected officials in states like Texas, Arizona, and Louisiana to misuse the judicial system to scapegoat and endanger immigrant communities. Since Biden took office, such states have mounted legal attacks in an attempt to continue Trump’s anti-immigrant agenda on a national scale, on the wind down of Title 42, Remain in Mexico, and more. But we know it was the steadfast advocacy by undocumented youth that made DACA a reality a decade ago, and the strength and resilience of that community continues to fight for a life with dignity in the United States — the only country they’ve ever called home.

“As of now, current DACA recipients should know that this Fifth Circuit ruling changes nothing about their status, and that existing work authorizations are still valid. Renewals also continue, but first-time applicants are sadly still blocked from the program.

"But DACA recipients shouldn’t have to live life in two-year increments between renewals, or from court case to court case. In other words, the 2012 DACA program currently being challenged in court is not enough. Rather than pushing for a more inclusive, modern DACA that allows more people to reap the transformative effects of the program, immigrants and advocates are being forced to defend the original, now-outdated version of program as the result of these judicial attacks.

“No one should have to live from court case to court case. Congress must act swiftly and decisively to codify DACA and offer real, permanent solutions for immigrant youth that would benefit them, their communities, and the country. Meanwhile, JAC will continue to follow the lead of undocumented youth in fighting for the humane and common-sense protections they deserve.”

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Contact: Tasha Moro; 323-450-7269; tasha.moro@justiceactioncenter.org

Justice Action Center (JAC) is a new nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. JAC is committed to bringing additional litigation resources to address unmet needs, empower clients, and change the corrosive narrative around immigrants in the U.S. Learn more at justiceactioncenter.org and follow us on Twitter, Instagram, and Facebook.