Dream On? Fifth Circuit's Decision Limits Restrictions on DACA to Texas
On Friday, January 17, the Fifth Circuit Court of Appeals upheld Texas federal judge Andrew Hanen's ruling that vacated the Deferred Action for Childhood Arrivals immigration policy (DACA) as unlawful. However, the ruling didn't survive completely unscathed. What does this mean for Dreamers and current immigration enforcement efforts?
DACA has been litigated in federal courts for a long time. While the Fifth Circuit decision doesn't do much to alter the status quo, it does confirm the state of the law for so-called "Dreamers." Namely, that DACA is unlawful, but the partial stay of that decision, which has been in place for years, will remain.
A Dream for Some
The DREAM Act was originally sponsored in 2001 by Senators Dick Durbin and Orrin Hatch. It provided permanent residency and a pathway to citizenship for children who arrived with immigrating parents.
Stymied in a 2010 vote by Republican Senators, the DREAM Act found new life as DACA, which was created through an executive order issued by President Barack Obama in 2012. Offering protection from deportation (deferred status) and work authorization, over 825,000 Dreamers took advantage of the opportunity.
It has been long enough to have data on the results of the program: 99% of Dreamers have graduated high school. Almost half have attended college, and 93% said they pursued better employment because of DACA.
A Texas-Sized Problem
In 2022, U.S. District Judge Andrew Hanen declared that because DACA recipients were not listed in the Immigration and Nationality Act, granting them immigration benefits through executive order is unlawful. He issued a nationwide injunction. However, he also issued a partial stay that allows the Department of Homeland Security (DHS) to continue accepting DACA renewal requests — just not initial requests.
The Fifth Circuit Court of Appeals mostly upheld the ruling. Consisting of Judges Jerry Smith, Edith Brown Clement, and Stephen Higginson, the three-person panel largely focused on whether Texas had standing to sue over DACA in the first place. The Fifth Circuit found that it did.
As for the merits of the case, the panel affirmed the district court's decision that DACA violated the Immigration and Nationality Act (INA). However, it continued the stay of that decision for those already in the program. This allows current Dreamers to continue to renew their status unless a further ruling is made by the Fifth Circuit or the U.S. Supreme Court. It keeps the program closed to new applicants, but that restriction has been in place for several years.
Judge Hanen's decision to make it a nationwide injunction was deemed overbroad. It was narrowed to apply to Texas, as the state was the only plaintiff that proved it has standing to sue through increased costs of education, healthcare, and social services.
Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi were also listed as plaintiffs.
Related Resources
- What Are Executive Orders? What Are Their Limits? (FindLaw's Law and Daily Life)
- United States Court of Appeals Opinions and Cases (FindLaw's Case Law)
- What Is DACA: Deferred Action for Childhood Arrivals? (FindLaw's Immigration Laws)
