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

Oct 5, 2022

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.”

###

Related
What does the BIA Decision Mean for DACA recipients?

What does the BIA Decision Mean for DACA recipients?

Diana Pliego and Kevin Siegel

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The Dignity Act of 2025: An Outdated and Harmful Approach to Immigration Reform

The Dignity Act of 2025: An Outdated and Harmful Approach to Immigration Reform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.

La ley Dignidad de 2025: un enfoque anticuado y dañino acerca de la reforma migratoria

La ley Dignidad de 2025: un enfoque anticuado y dañino acerca de la reforma migratoria

Published Apr 26, 2026 Este recurso responde a las preguntas más frecuentes sobre la Ley de Dignidad de 2025 (H.R. 4393), presentada en julio de 2025.

State of Texas v. U.S. Department of Homeland Security

State of Texas v. U.S. Department of Homeland Security

Texas and other states sued the federal government to stop the Keeping Families Together Parole in Place policy, which allows eligible noncitizens to apply for work authorization and adjustment of status in the U.S. without having to leave the...

Last update: Apr 6, 2026