Supreme Court Silence Clears Path for DACA Applications in 49 States
With no appeal filed, Fifth Circuit ruling stands—blocking new applications only in Texas while offering a potential lifeline elsewhere.
WASHINGTON — A long-running legal battle over the Deferred Action for Childhood Arrivals (DACA) program may soon allow new applications to be processed in 49 states, following a decision by the U.S. Court of Appeals for the Fifth Circuit and the expiration of a deadline to seek U.S. Supreme Court review, the Mexican American Legal Defense and Educational Fund (MALDEF) announced Tuesday.
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The Fifth Circuit’s Jan. 17, ruling declared parts of DACA unlawful, specifically work authorization and lawful presence provisions, but limited the decision’s impact to Texas. The court upheld DACA’s protection from deportation as a lawful exercise of presidential discretion, allowing the program to remain in place nationwide for current recipients and potentially expand to new applicants outside Texas. The deadline to appeal the ruling to the Supreme Court passed on May 19, without any party, including Texas, the United States, New Jersey, or MALDEF, filing for review, making the decision final.
“While MALDEF firmly believes that the Fifth Circuit decision was erroneous, Supreme Court review would have risked a nationwide ruling affecting all DACA holders,” said Thomas A. Saenz, MALDEF president and general counsel, in a statement. “Without Supreme Court review, we will remain active in defending the interests of all DACA-eligible immigrants as the case moves to its next phase.”
The case, Texas v. United States, began in 2018 when Texas and other states challenged DACA’s legality, arguing it violated the Immigration and Nationality Act and the Administrative Procedure Act. MALDEF, representing 22 DACA recipients, intervened to defend the program, citing the Trump administration’s reluctance to do so.
The Fifth Circuit’s ruling allows the Department of Homeland Security to process initial DACA applications in 49 states, granting work authorization and deportation protection. In Texas, DACA recipients would receive only deportation protection without work authorization or driver’s licenses.
The implementation phase, to be overseen by U.S. District Court Judge Andrew Hanen, is expected to be gradual, ensuring no immediate loss of work authorization for current DACA holders in Texas. MALDEF plans to advocate for an extended implementation period to protect recipients’ reliance interests, as recognized by the Supreme Court in a 2020 ruling that blocked the Trump administration’s attempt to end DACA.
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“DACA has immeasurably benefited our nation,” Saenz said, emphasizing the contributions of recipients to the economy and society. The program, launched in 2012 under the Obama administration, provides temporary relief from deportation and work permits to undocumented immigrants brought to the U.S. as children.
The Fifth Circuit’s decision follows years of legal challenges. In 2021, Judge Hanen ruled DACA unlawful but allowed renewals for current recipients. After the Biden administration formalized DACA through a 2022 regulation, Hanen again declared it unlawful in 2023, prompting appeals. The Fifth Circuit’s January ruling maintained a court-ordered stay, allowing all current DACA recipients nationwide to renew their status.
MALDEF urged current recipients to renew on schedule and encouraged eligible immigrants outside Texas to prepare for potential new applications. The organization will provide updates as the case progresses.