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.