On October 10, 2024, attorneys with MALDEF, the State of New Jersey, the U.S. Department of Justice and the State of Texas will present oral argument before the U.S. Court of Appeals for the Fifth Circuit in New Orleans. The hearing involves a Texas-led challenge to Deferred Action for Childhood Arrivals (DACA).
MALDEF represents DACA recipients who intervened in the case and are appealing a September 2023 ruling by U.S. District Court Judge Andrew S. Hanen that DACA is unlawful. That ruling was made after the Fifth Circuit sent the case back to Hanen for review of a 2022 Biden administration regulation formalizing DACA. Previously, Hanen ruled that DACA was unlawful because it violated the Administrative Procedure Act. To date, Hanen’s and the Fifth Circuit’s rulings have allowed current DACA recipients to continue to renew their DACA while the case is considered on appeal. Today, individuals with DACA are allowed to renew, but the Department of Homeland Security is barred from processing any first-time DACA applications.
What issues will the Court of Appeals consider at the hearing?
The three-judge appeals panel will consider three essential issues:
- Standing: Did the State of Texas show that it has a concrete injury from DACA, and therefore has the right to challenge DACA in federal court?
- Legality: Is the Biden Administration’s DACA regulation lawfully within presidential authority?
- Jurisdiction: Did the trial court have the authority to block the DACA regulation nationwide?
When will the court issue a ruling?
The three-judge panel will not issue a ruling the day of the hearing. There is no time limit on when the court must issue a decision. It may take weeks or months before a decision is announced.
What are the possible outcomes?
The Fifth Circuit may:
- rule that DACA is legal.
- rule that Texas and other states have no injury from DACA, and therefore cannot bring suit in federal court.
- rule that the case has to return to Judge Hanen for a full hearing, or for reconsideration of Judge Hanen’s injunction.
- rule that Judge Hanen’s decision stands, and agree that DACA is unlawful.
What happens after the Fifth Circuit Rules?
Any ruling is likely to be appealed to the U.S. Supreme Court. It’s important to note that even if the Fifth Circuit rules DACA is unlawful, it won’t necessarily order an immediate end to DACA, but could permit current recipients to continue to renew.
Any attempt to end DACA abruptly would be disruptive to DACA recipients as well as to their families, employers and communities. The U.S. Supreme Court in 2020 recognized that DACA recipients have strong reliance interests in DACA; therefore, it is unlikely that a court will order DACA to end suddenly.
What is the status of DACA while we wait for a decision?
DACA remains in place and recipients can renew their DACA. The federal government cannot grant DACA to first-time applicants, but current recipients can and should renew their DACA.
Read a timeline of the case HERE.