The Deferred Action for Childhood Arrivals program is unlawful, but the program will continue to protect current DACA beneficiaries, the U.S. Court of Appeals for the Fifth Circuit ruled January 17.
Under Texas v. United States, new DACA applications will not be processed, but the court stayed its ruling for current DACA beneficiaries so they can keep their DACA status and the opportunity to renew it. The Fifth Circuit limited its ruling to Texas, so if the stay is lifted, only DACA beneficiaries in Texas will lose their work authorization and deportation protection.
DACA has permitted eligible individuals who entered the country unlawfully as young children to work and avoid deportation. A memorandum from the Homeland Security Secretary created DACA in 2012.
Texas sued, alleging DACA violates the Administrative Procedure Act and the Immigration and Nationality Act. A district court ruled that the Obama Administration exceeded its authority because it failed to use notice and comment rulemaking.
After DHS issued a final rule codifying DACA, the Fifth Circuit determined that DACA was still unlawful because the INA did not empower DHS to establish DACA.
Members of the Center for Workplace Compliance, our nonprofit membership association, can read more here.