The Biden Administration and a group of DACA recipients are urging the Fifth Circuit to overturn a ruling that declared DACA illegal. They believe that recent U.S. Supreme Court decisions have improved the chances of DACA being revived. They point to three key rulings that they say have significantly changed the law in DACA’s favor.

One important Supreme Court decision, United States v. Texas from June 2024, is highlighted. The DACA recipients argue that this ruling makes it harder for states challenging DACA to prove their case. They now have to show a stronger direct link between the harm they claim and the DACA program. Further, they say the states must meet a higher standard to prove that a favorable court decision will fix this harm.

The Biden administration argues that, despite the Fifth Circuit previously ruling against DACA, these recent Supreme Court decisions mean the court needs to reconsider if the states have the legal right to sue. They believe the new rulings show that the states do not have the standing necessary to challenge DACA.

DACA provides deportation protection and work permits to unauthorized immigrants who came to the U.S. as children. In September 2023, U.S. District Judge Hanen ruled that the Biden administration’s DACA proposal had the same legal issues as the original program started by the Obama administration, declaring it illegal. However, the judge allowed current DACA holders to renew their status. No new DACA applications are being accepted, although individuals can file their petitions.

As always, we actively monitor ongoing U.S. immigration news. If you have questions about the DACA program or any other immigration-related issue, contact us. Our team of experienced attorneys works directly with their clients every step of the way.