Summary and Practical Effects of the Fifth Circuit Decision in the DACA Case

Jan 31, 2025 | Court Cases Immigrants' Rights, DACA

MALDEF is counsel in the DACA case.  Please contact MALDEF with any additional questions about the Fifth Circuit decision at (210) 845-5147 or (213) 629-2512

What did the Fifth Circuit say in its decision?

The U.S. Court of Appeals for the Fifth Circuit on Jan. 17, 2025, ruled that parts of DACA are illegal because they are inconsistent with the federal Immigration and Nationality Act.  However, the Court limited the effect of its ruling in several important ways:

  • The decision maintains the current DACA program while the case continues its journey in the courts. This means that all current DACA recipients in all states can renew their DACA on schedule.
  • The decision upheld the part of DACA that protects DACA recipients from deportation. The court decided that ‘forbearance from removal’ is lawful, and can be preserved as part of DACA. The Fifth Circuit said that the parts of DACA that are unlawful involve work authorization and lawful presence.
  • The court’s ruling will only affect DACA recipients in Texas. The court decided that limiting the effects of its decision to Texas “is better tailored” to the case.
  • This decision of the Fifth Circuit is not effective yet. We are currently in a period of time before the Fifth Circuit decision becomes effective. This is to allow the parties in the case to decide what steps, if any, they want to take.

What are the practical effects of the Fifth Circuit’s decision?

  • DACA remains in effect for all current DACA recipients, in every state, including Texas. Current DACA recipients can and should apply to renew their DACA on the regular schedule.  Current DACA recipients will have full DACA protections, including work authorization and lawful presence, while the case makes it way further in the courts.
  • If the Fifth Circuit decision becomes effective as it is currently written, DACA will go into full effect in the 49 states that are not Texas. In Texas, DACA will be a more limited program that provides protection from deportation but does not provide work authorization and driver’s licenses.  However, it is important to note that the Fifth Circuit decision could change further as the case moves through the courts.

What comes next?

  • The case will continue its journey in the courts. As the case continues, current DACA recipients in all states should apply to renew their DACA on schedule.

Read a timeline HERE.

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