ACLU Comment on Federal Court Ruling on DACA
HOUSTON — A federal court in Texas ruled today that the Biden administration’s DACA regulation is unlawful, but did not order an immediate end to the program. Under the court’s order, individuals with DACA can continue to renew for now as the case proceeds, but still no first-time applications will be approved. The ruling is expected to be appealed.
“This decision is not the final word on DACA,” said Blanca Gamez, a DACA recipient and staff member at the American Civil Liberties Union. “The United States is our home, and no court decision can change that. This ruling is wrong on the law, but sends a clear message: Congress must act to provide permanent protections and a pathway to citizenship for Dreamers and the millions of other undocumented residents who call this nation home.”
Today’s decision is the latest in a years-long effort by Republican-led states to end the Deferred Action for Childhood Arrivals program, which first went into effect in 2012. The Fifth Circuit ruled last October that the 2012 DACA Memo is unlawful, but did not order an immediate end to the program, and allowed individuals with DACA to renew. In 2022, the Biden administration finalized a rule to fortify the 2012 DACA Memo. The appeals court sent the states’ challenge back to the district court to consider the legality of the new DACA regulations, which issued its ruling today.
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
The Latest in Immigrants' Rights
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About Immigrants' Rights
The fundamental constitutional protections of due process and equal protection embodied in our Constitution and Bill of Rights apply to every person, regardless of immigration status.