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

Mar 21, 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) 224-5476 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 part of Deferred Action for Childhood Arrivals (DACA) is illegal because it is inconsistent with the federal Immigration and Nationality Act.  However, the Court limited the effect of its ruling in several important ways:

  • Any change to DACA is limited to Texas. The court decided that limiting the effects of its decision to Texas “is better tailored” to the case.
  • The decision keeps the current DACA program in place, in all states, while the case continues its journey in the courts. This means that all current DACA recipients in all states, including Texas, 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 held that work authorization is not a lawful part of DACA.
  • This case now returns to Judge Hanen in the district court to decide what to do next with DACA in Texas. Also, we are still in the period of time in which any party can file an appeal with the U.S. Supreme Court.

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

  • DACA currently 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 have full DACA protections, including work authorization, while the case makes its way further in the courts.
  • On March 11, 2025, the Fifth Circuit issued its mandate, which means the case will return to Judge Hanen to modify his earlier order against DACA. DACA should go into full effect in 49 states, except Texas.  Judge Hanen will create a process to make DACA a more limited program in Texas that provides protection from deportation but does not provide work authorization.  However, it is important to note that Judge Hanen has not yet taken any steps to wind down DACA in Texas.

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.
  • Once Judge Hanen modifies his order in response to the Fifth Circuit decision, the Department of Homeland Security should begin to accept and process initial DACA applications from residents of all 50 states. DHS should grant DACA with work authorization in 49 states, and without work authorization in Texas.

Read a timeline HERE.

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