This week, a federal appeals court will hear arguments about the Deferred Action for Childhood Arrivals (DACA) program. DACA allows minors who were brought to the U.S. as children to get work permits and legal status to stay in the country. The program started during the Obama administration as a temporary solution while Congress worked on immigration reform.

However, Congress has not updated the immigration system, and the issue has become more complicated and politically charged. The current lawsuit against DACA was filed in 2018 by Texas and six other states, claiming the program is illegal and adds costs to those states.

The Justice Department, along with various organizations, is defending DACA. They argue that the program benefits the economy and that the president has the power to both enforce and delay immigration laws.

The case will be heard in New Orleans by a panel of three judges from the U.S. Court of Appeals for the Fifth Circuit, which includes Louisiana, Mississippi, and Texas—some of the most conservative states. The judges will consider three main questions: whether the states have shown they are financially burdened if the Biden administration acted within its authority to maintain DACA, and if the lower court was right to block new applications nationwide instead of just in the states involved in the lawsuit.

Since DACA began 12 years ago, about 800,000 people have signed up, with most renewing their status every two years. However, due to a ruling in 2021 that stopped new applications, the number has dropped to around 500,000, leaving many uncertain about the program’s future.

DACA has faced many legal challenges, and it may take several weeks or months for the Fifth Circuit to make a decision. The case is likely to go to the U.S. Supreme Court.

If you have questions about DACA or any other U.S. immigration-related issue, please contact us. Our attorneys work directly with our clients every step of the way to ensure they get proper guidance. We offer deep experience in both employment-based and family-based immigration matters.