The Fifth Circuit Court of Appeals has once again declared the Deferred Action for Childhood Arrivals (DACA) program unlawful, continuing a years-long legal battle over the Obama-era immigration policy.
In a 38-page opinion issued Friday, the court upheld previous rulings that the program is both procedurally and substantively unlawful.
The State of Texas, joined by nine other Republican-led states, first sued to end DACA in 2019, arguing that the program exceeded executive authority. The coalition currently includes Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, and Mississippi. Arizona, originally part of the group, withdrew from the lawsuit after electing a Democratic governor.
In 2021, a federal district court ruled that DACA was illegal and prohibited the government from approving new applications. In 2022, the Fifth Circuit upheld that ruling but allowed the program to continue temporarily for existing recipients.
Afterward, the Biden administration’s Department of Homeland Security introduced a new rule to maintain DACA, which was also challenged in court. In 2023, a district court again found DACA illegal, issuing a nationwide injunction and stating that the matter should be resolved by Congress.
The Fifth Circuit’s decision on Friday reaffirms the district court’s position that DACA is unlawful. It also reiterates that the Executive Branch cannot bypass Congress to implement immigration policies.
The injunction remains in place, preventing new DACA applications from being approved. However, the program continues to provide temporary protections for current recipients, often referred to as “Dreamers.”
The courts have consistently maintained that resolving DACA’s legality lies with Congress, not the executive or judicial branches. Despite widespread bipartisan support for a permanent solution for Dreamers, legislative efforts to address their status have repeatedly stalled.
The latest ruling adds pressure on Congress to act while leaving the program’s future in limbo for its recipients
