Late on Wednesday, October 5, the 5th US Circuit Court of Appeals affirmed a lower court’s ruling determining the Deferred Action for Childhood Arrivals (DACA) program is illegal and remanded the case back to the lower court so it could consider rules recently issued by the Biden administration to “preserve and fortify” the program.
Following this decision:
- The more than 600,000 current DACA beneficiaries will maintain their status. However, their status remains in jeopardy while the lower courts consider the legality of the program overall.
- Employees who are current DACA recipients continue to be eligible for work authorization.
- DHS is not allowed to process new DACA applications; however, it can continue to process renewals.
- The White House has previously indicated it would consider Executive Action to protect current DACA recipients.
The White House and Democrats have been pushing for a pathway to citizenship for DACA recipients.
Erickson Insights
Erickson Immigration Group is closely monitoring the status of this case, and we anticipate there will be a big push for legislation following the November midterms. We will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.