AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 22100602 | Dated October 6, 2022
American Immigration Lawyers Association (AILA) President Jeremy McKinney responded to the Fifth Circuit Court of Appeals remand of the State of Texas v. USA litigation, which sends the case back to Judge Andrew Hanen who has previously ruled against the continuation of the Deferred Action for Childhood Arrivals (DACA) program. The Fifth Circuit agreed with Judge Hanen that the 2012 program as originally envisioned and implemented by the Obama administration was illegal, but sent the case back to Judge Hanen to review the updated policy promulgated by the Biden administration that takes effect later this month.
"Yesterday, a panel of the Fifth Circuit Court of Appeals sent the DACA program back to Judge Hanen. However, there is little hope Judge Hanen will rule for the program, despite the fact that it is grounded in prosecutorial discretion—something every law enforcement agency possesses. The silver lining here is that the stay is continued, which means that DACA recipients eligible for renewal should be safe in the short term. While USCIS can accept new DACA applications, the agency cannot adjudicate them at this time.
“This remand heightens the urgency that Congress must act immediately and protect Dreamers permanently. Congress has failed for 22 years to protect DACA recipients and other Dreamers--something a majority of voters from both sides of the aisle support in poll after poll. Congress needs to stop dragging its feet and get this done. Protecting Dreamers permanently is right, true to America's values, and ultimately benefits all of us."
Cite as AILA Doc. No. 22100602.
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.