On January 17, 2025 the Fifth Circuit Court of Appeals partially upheld a Texas District Court ruling that the Deferred Action for Childhood Arrivals (DACA) is illegal, enjoining the parts of the DACA program that provide work authorization and lawful status, but limiting the injunction to DACA recipients residing in Texas and allowing DACA renewals to continue for residents in all 50 states pending further appeal.
The ruling included several significant limitations:
The Fifth Circuit preserved the stay allowing for renewals while the case is on appeal. This means that current DACA recipients in all 50 states can continue to apply to renew their DACA grants pending the outcome of the case. DACA remains closed to new applicants, as has been the case since 2021.
The Fifth Circuit limited the injunction to Texas. The decision, should it take effect, would only apply to DACA recipients residing in Texas. It would prevent Texas residents from obtaining DACA benefits, while DACA would go into full effect in all 49 other states. However, this could change as the case moves through the courts.
The Fifth Circuit found that DACA-related work authorizations could be legally separated from DACA’s protections from deportation, and remanded the latter issue back to the District Court in Southern Texas. That court may take up the issue of whether DACA recipients residing in Texas will continue to be able to obtain protections from deportation even if they are not able to apply for DACA-related work permits (EADs).
Accordingly, pending the final outcome of the case, there are no immediate changes to the DACA program. Current DACA protections and related Employment Authorization Documents (EADs) will remain valid until they expire, and USCIS is currently processing renewals of DACA benefits for individuals in all 50 states. USCIS will also continue to accept initial DACA requests, but it will not process initial DACA requests pending the outcome of litigation.
We will continue to provide updates as new information becomes available.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the Fifth Circuit Court ruling may apply to your circumstances, please contact your team at D&S.