A total of nine states have filed a supplemental complaint challenging Deferred Action for Childhood Arrivals (DACA). They urge the Texas federal judge to rule against the Biden Administration’s final rule from August 2022 on the basis that the program is not lawful. The group claims the same flaws exist in the Biden version as the Obama administration program. This DACA complaint is the latest in a long history of legal challenges.

DACA has been the subject of several legal actions, with the most recent ruling delivered in October 2022. The Fifth Circuit court agreed with a previous ruling that then-President Obama overstepped the discretionary authority of the executive branch in 2012 when DACA was created, among other legal issues. As such, the court found the program unlawful. However, in their ruling, they did not consider the Biden final rule. The court stated they did not have an adequate administrative record to consider the issue.

Individuals who currently qualify as DACA recipients are allowed to retain their status. However, those without a pre-existing DACA status can no longer apply.

The following states filed the additional complaint: Alabama, Arkansas, Kansas, Louisiana, Mississippi, Nebraska, South Carolina, Texas, and West Virginia. The federal government and the heads of some agencies, including the U.S. Department of Homeland Security, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services and U.S. Border Patrol, are named as defendants.

DACA provides individuals who came to the U.S. as children with protection from deportation and gives those who qualify for employment authorization.

If you have questions about DACA or any other immigration-related issue, please contact us. We actively monitor ongoing possible updates to U.S. immigration policy to ensure our clients get the proper guidance for their specific situations.