NILC Statement on Fifth Circuit DACA Decision in Texas v. United States

October 5, 2022

Email: [email protected]
Emily Morris, 213-457-7458
Madison Allman, 202-384-1279

NILC Statement on Fifth Circuit Decision in Texas v. United States

WASHINGTON — Marielena Hincapié, executive director of the National Immigration Law Center, issued the following statement after the U.S. Court of Appeals for the Fifth Circuit issued a decision on the Deferred Action for Childhood Arrivals (DACA) policy.

The Fifth Circuit largely upheld a lower court ruling finding the 2012 memo that established DACA unlawful, but it will allow DACA renewals to continue temporarily and has sent the case back to the lower court to consider the Biden administration’s new DACA regulation, which is set to go into effect on October 31.

“While the Fifth Circuit’s troubling decision does not change who can currently apply for or renew DACA, immigrant youth cannot be expected to continue to live with the constant uncertainty wrought by politicized attacks on the policy.

“DACA is a successful and commonsense policy that has transformed lives, improved our economy, and strengthened our nation. It is legally and morally right, but it was always meant to be temporary.

“Today’s decision makes clear that the writing is on the legal wall, and we cannot sit by awaiting another adverse ruling by the lower court, the Fifth Circuit, or ultimately the Supreme Court. This underscores the urgency for Congress to deliver a permanent legislative solution for immigrant youth, who need the permanency and stability of a pathway to citizenship. This is a solution that is widely supported by the public, and Congress must follow through. We urge President Biden to wield his political and legislative prowess to achieve this much-needed legislative victory swiftly.”