FOR IMMEDIATE RELEASE
October 5, 2022
CONTACT
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.”
###
Steps to Take if Your DACA Renewal Is Delayed
Updated Jul 7, 2026 This resource provides guidance for DACA recipients on renewing their status and employment authorization documents, including steps to take if there are delays in processing their renewal applications. Originally published in July 2016. This...
What does the BIA Decision Mean for DACA recipients?
Published Apr 30, 2026 If someone with DACA gets arrested and detained by immigration or other law enforcement and ends up before an immigration judge, the judge may now look into their case more closely to comply with the BIA decision. However, the decision does not...
The Dignity Act of 2025: An Outdated and Harmful Approach to Immigration Reform
Published Apr 28, 2026 This resource answers frequently asked questions about the Dignity Act of 2025 (H.R. 4393) which was introduced in July 2025.
Tell Your Representatives in Congress to Support the Dream and Promise Act Discharge Petition
Stephanie Olvido
Published Jul 23, 2026 Across the country, immigrants with TPS and DACA are losing the ability to work, drive, and ultimately continue their lives in the United States. Join us in urging your House representative to sign the Dream and Promise Act discharge petition...