Federal Appeals Court Rules DACA Unlawful, Yet Program Remains Intact for Now

WASHINGTON — A federal judicial panel affirmed a lower court’s ruling that challenges the legality of the Deferred Action for Childhood Arrivals (DACA) program, which has protected over 500,000 individuals from deportation. However, the program remains intact pending a potential appeal to the U.S. Supreme Court.

The future of DACA, particularly under President-elect Donald Trump, who will be inaugurated for a second term on Monday, remains uncertain. For the time being, current DACA recipients can continue to renew their status, as specified in the ruling.

According to the ruling, “Texas still has standing to challenge DACA,” and it deemed the Final Rule substantively unlawful. The court vacated the Rule and imposed a nationwide injunction but allowed the program to continue for existing participants.

The U.S. Court of Appeals for the 5th Circuit determined that the Biden administration’s 2021 regulation to solidify DACA violates the Immigration and Nationality Act (INA). The INA explicitly states the categories of immigrants who can obtain legal status, and DACA recipients are not included.

This ruling underscores Congressional intent, noting that the INA presents a “comprehensive federal statutory scheme for regulation of immigration and naturalization.” Since DACA recipients were excluded from this framework, the judges indicated that the program contradicts established legal classifications.

Furthermore, the panel restricted the ruling to Texas, the main plaintiff in the lawsuit. They noted, “Because Texas is the only plaintiff that has demonstrated or even attempted to demonstrate an actual injury, we narrow the scope of injunction to Texas.” This limitation also allows the government the opportunity to appeal.

During his first term, Trump sought to dismantle DACA but has recently expressed a willingness to negotiate with Democrats to find a resolution for those protected under the program. Despite these overtures, skepticism among lawmakers remains prevalent.

The recent ruling ensures that existing DACA recipients can continue to renew their work permits, although new applications will remain on hold. The panel acknowledged the “immense reliance interests” created by DACA when deciding to preserve the stay for current applicants.

In October, the appeals court considered arguments from the Justice Department, the state of New Jersey, and the Mexican American Legal Defense and Educational Fund regarding the legality of the Biden administration’s final rule on DACA. The states involved in the suit, including Texas and eight others, contended that DACA has imposed financial burdens related to education and healthcare.

Judges Jerry Edwin Smith, Edith Brown Clement, and Stephen A. Higginson, appointed by presidents Reagan, Bush, and Obama respectively, lead the panel. The 5th Circuit, known for its conservative rulings, serves Louisiana, Texas, and Mississippi.

Last updated 3:33 p.m., Jan. 17, 2025